California Bill Limiting CIPA Claims Becomes Law
On September 30, 2026, California Governor Gavin Newsom signed Senate Bill 690 into law. We previously provided detailed information regarding the bill's content, background and history. As described in detail in our prior update, the bill amends the California Invasion of Privacy Act (CIPA) by eliminating the private right of action under California Penal Code Section 638.51 (the pen register/trap and trace device section of CIPA) for any activity occurring on an internet website, mobile or online application. While the SB 690 amendments are effective January 1, 2027, they are retroactive to any pen register/trap and trace device lawsuit filed on or after January 1, 2025. Accordingly, any such claims are subject to a motion to dismiss or motion for judgment on the pleadings.
In signing the bill, Governor Newsom issued a rare signing statement in which he praised the bill and its author but noted that "additional work in this area is needed, as CIPA contains other decades-old statutes that are also susceptible to abuse by overly aggressive litigants. I urge the Legislature to take this on next year to ensure a fair balance between protecting private information and preventing rapacious litigation." The signing statement provides hope that further relief from CIPA litigation and demand letters may happen in the future.
For more information on SB 690 or its effect, please contact Joe Guzzetta or the Stinson LLP contact with whom you regularly work.
