Course Description
On August 28, 2026, the California Legislature unanimously passed SB 690, shifting website and app pen register claims under Penal Code section 638.51 to the Attorney General alone. CIPA’s wiretap and recording provisions remain intact, and plaintiffs are already reframing claims under sections 631 and 632. James D. Snyder, Managing Shareholder at Klinedinst PC and Co-Chair of the firm’s Data Privacy and AI Groups, explains what SB 690 changes and where exposure remains. He covers consent timing, the party exception, vendor liability, standing defenses, and forum strategy. Attendees leave with a practical framework for demand letter triage, remediation, and settlement.
Principles
- Understanding SB 690 and Its Impact on CIPA Litigation
- Analyze how SB 690 changes the enforcement landscape for website and app tracking claims under California Penal Code section 638.51, while distinguishing those changes from potential liability under CIPA’s wiretapping and recording provisions.
- Evaluating Remaining Liability Under CIPA Sections 631 and 632
- Identify continuing litigation risks involving website tracking technologies, cookies, pixels, and third-party integrations, including emerging theories of liability under California’s wiretapping and recording laws.
- Assessing Consent, the Party Exception, and Third-Party Vendor Liability
- Evaluate the timing and adequacy of user consent, the applicability of the party exception, and the potential liability of technology vendors and other third parties involved in collecting or transmitting website and app data.
- Developing Procedural and Substantive Litigation Defenses
- Assess standing arguments, forum selection considerations, and other available defenses to determine how best to respond to CIPA claims, demand letters, and threatened litigation.
- Implementing Effective Remediation and Settlement Strategies
- Develop practical approaches for triaging demand letters, evaluating litigation exposure, remediating website tracking practices, and negotiating settlements that address legal risk while supporting ongoing business operations.
Syllabus
- Overview of California SB 690 and its impact on CIPA website and app tracking claims
- Remaining liability under CIPA Sections 631 and 632, including emerging litigation theories
- Consent timing, the party exception, and third-party vendor liability
- Standing defenses and forum selection strategies for CIPA litigation
- Practical strategies for demand letter evaluation, website remediation, and settlement negotiations
