Privacy Law and Privacy Regulations

State regulation of algorithmic pricing is rapidly evolving, with California, Connecticut, Maryland, and New Jersey enacting new restrictions while New York considers even stricter measures. The key distinction lies in whether pricing algorithms use competitor data to address antitrust concerns or consumer-specific personal data to address fairness and deception issues. With several provisions already in effect and others phasing in through 2027, businesses must navigate varying rules by industry, product t

A California federal court has dismissed a CIPA claim involving website tracking pixels, ruling that allegations of data collection and transmission—even in "real-time"—are insufficient without specific facts showing how and when a third party actually "reads" communications while they are "in transit." The decision provides critical guidance on the pleading requirements for turning website tracking into viable wiretapping claims under California's Invasion of Privacy Act.

California lawmakers passed SB 690 to eliminate private lawsuits under CIPA's pen register provisions, while the Court of Appeal's tentative ruling in Variety Media extends CIPA's reach to internet communications but limits claims based solely on IP address collection. These developments create both opportunities and challenges for retailers navigating website tracking litigation, requiring careful evaluation of tracking practices, disclosures, and vendor relationships.

A California federal court has dismissed a CIPA claim involving website tracking pixels, ruling that allegations of data collection and transmission—even in "real-time"—are insufficient without specific facts showing how and when a third party actually "reads" communications while they are "in transit." The decision provides critical guidance on the pleading requirements for turning website tracking into viable wiretapping claims under California's Invasion of Privacy Act.

California lawmakers passed SB 690 to eliminate private lawsuits under CIPA's pen register provisions, while the Court of Appeal's tentative ruling in Variety Media extends CIPA's reach to internet communications but limits claims based solely on IP address collection. These developments create both opportunities and challenges for retailers navigating website tracking litigation, requiring careful evaluation of tracking practices, disclosures, and vendor relationships.

A federal court in New York dismissed a California consumer tracking class action on standing grounds after the case was transferred from the Northern District of California, finding that device identifiers, email addresses, and even Venmo transaction data failed to establish concrete injury under Second Circuit precedent. The ruling demonstrates how venue transfer can fundamentally alter the legal landscape of privacy litigation, as the court applied stricter Second Circuit standing requirements rather tha