FOLLOW US

America June 5, 2024 2 mins read

Courts Split on CIPA Claims Against Web Analytics

America ı By Rihem Akkouche

0 Comments

CIPA Claims Against Web Analytics

In the past two years, hundreds of cases have been filed in California targeting businesses using web analytics software based on the theory that tools like tracking pixels and cookies violate Section 638.51(a) of the California Invasion of Privacy Act (CIPA). Despite the influx of cases, there's no definitive answer on whether these tools breach CIPA, with recent conflicting rulings adding to the confusion.

In 2023, two notable cases in Los Angeles County Superior Court—Jose Licea v. Hickory Farms LLC and Daryl Levings v. Choice Hotels International Inc.—illustrated this divide.

In March, businesses saw hope when Judge Stephen P. Pfahler sustained a demurrer in Hickory Farms, dismissing the CIPA claim and outlining five defenses: internet communications are not covered by CIPA, user consent is implied by visiting a website, public policy opposes extending CIPA to web communications, tracking pixels do not involve third parties, and a company’s capture of IP addresses is not comparable to law enforcement’s capture of fingerprints. The plaintiff in Hickory Farms eventually dismissed the complaint, suggesting amendments would be futile.

However, just weeks later, Judge Cherol J. Nellon in Choice Hotels overruled a demurrer on similar claims, allowing the CIPA case to proceed. This ruling stated that deploying software to record user data could constitute a CIPA violation and rejected the argument that visiting a website implies consent to data capture.

These conflicting rulings create a dilemma for businesses. Defending against CIPA claims is risky, as different judges may rule differently on identical allegations, leading many to opt for early settlements. This inconsistency continues to fuel the wave of CIPA litigation, with no appellate court resolution in sight due to the procedural limitations of the cases so far.

Several more demurrers on this issue are scheduled in the coming months. The outcomes will determine whether courts align with the Hickory Farms or Choice Hotels ruling, potentially shaping the future of CIPA litigation involving web analytics tools.

Previous Article

EU Court Revokes McDonald’s “Big Mac” Trademark for Chicken Sandwiches

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 03, 2026
Diesel Crisis: G7 Deal Leaves Questions About New Supply
By – Michallie Harrison
America October 2, 2026
Judge Refuses to Dismiss Labor Union’s…

What This Ruling Changes Starbucks failed to persuade a federal…

By – Samuel Lopez
America October 2, 2026
Pentagon’s Project Meridian Gives Musk, Luckey…

Key Takeaways The Pentagon has commissioned Project Meridian, a 120-day effort…

By – Samuel Lopez
America October 2, 2026
Every Pentagon UAP File Drop Has…

Signals Ahead of Release 7 All six PURSUE UAP tranches…

By – Samuel Lopez
America October 2, 2026
Molestation Allegations Rock Kern County Political…

Molestation allegations involving former Kern County Supervisor Zack Scrivner have…

By – Jackie Allen
America October 2, 2026
Rioters in France: School Protests Escalate…

Rioters in France escalated a growing wave of student demonstrations…

By – Jackie Allen
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
Cornell University Rape Case Escalates as…

The Cornell University rape case has taken a dramatic new…

By – Rachel Moore
America October 2, 2026
Atlantic Coast Insurance Suspension Follows Growing…

The atlantic coast insurance suspension has added another layer of…

By – Rachel Moore
America October 2, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs…

A major shake-up is coming to Kaiser Permanente’s California workforce,…

By – Rachel Moore
America October 2, 2026
ICC Ends Contract With French Insurer…

The International Criminal Court has severed its health insurance relationship…

By – Rachel Moore
America October 2, 2026
Minnesota Health Insurance Rates Rise as…

Minnesota residents buying health coverage outside employer-sponsored plans are heading…

By – Rachel Moore
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America September 30, 2026
Two-Time NBA Champion J.R. Smith Arrested…

What We Know About the Smith Arrest Smith, 41, is…

By – Samuel Lopez
America September 30, 2026
Former NASCAR Driver Jennifer Jo Cobb…

What This Verdict Means A North Carolina jury found former…

By – Samuel Lopez
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter