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Jan. 20, 2026

Green light for CIPA: New federal court ruling fuels digital tracking class actions

A recent California federal court ruling has revived CIPA pen-register claims based on common website tracking tools, heightening class action risk and making proactive privacy compliance essential for all website operators.

David J. Oberly

Email: doberly@bakerdonelson.com

David J. Oberly is lead counsel and leads the multi-disciplinary Biometrics Team in the Washington, D.C. office at Baker Donelson. Oberly focuses his practice on counseling companies on a wide range of biometrics, AI and data privacy/security issues that arise when doing business in today's digital, data-driven world.

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Matthew G. White

Shareholder
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Email: mwhite@bakerdonelson.com

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Green light for CIPA: New federal court ruling fuels digital tracking class actions
Shutterstock

Businesses across all industries continue to face an onslaught of class action lawsuits asserting novel liability theories under the California Invasion of Privacy Act (CIPA) in connection with the use of cookies, pixels, and similar online tracking and analytics tools, making this a critical concern for any company operating a website. The most recent (and ongoing) wave of CIPA class action litigation contends that digital tracking technologies violat...

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