The recent decision in Wiley v. Universal Music Group highlights how courts are scrutinizing website operators’ privacy controls and representations, particularly regarding cookie banners and opt-out tools. 2025 WL 3654085 (N.D. Cal. Dec. 17, 2025). In a recent decision, although Universal Music Group (UMG) dodged most of the putative class claims over its handling of
wiretapping
Stalled CIPA Reform: What California’s Legislative Gridlock Means for Business Privacy Compliance
By Kathryn Rattigan on
Posted in Data Privacy
The 2025 California legislative session ended without passing critical reforms to the California Invasion of Privacy Act (CIPA), leaving businesses vulnerable and scrambling to manage escalating compliance challenges and legal exposure on their own.
Why Was Reform Needed?
CIPA, originally enacted in 1967 to protect against telephone wiretapping, has recently been used to challenge how websites collect…
Playing by the Rules: California Invasion of Privacy Act Class Action Complaint Filed Against Dave & Buster’s
By Roma Patel on
Posted in Enforcement + Litigation
A class action complaint filed in the Northern District of California on October 17, 2025, alleges that entertainment and arcade franchise Dave & Buster’s Entertainment Inc., misled website visitors about users’ ability to reject cookies and tracking technologies. The lawsuit, brought by two California residents, claims that the Dave & Buster’s website continued to place…
Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?
By Kathryn Rattigan on
Posted in Data Privacy
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’ attorneys because they can leverage existing wiretap laws (particularly in California under the California Invasion of Privacy Act (CIPA)) to argue…