California Privacy Litigation Expands: CDAFA Claims Rise Alongside CIPA in Website Tracking Lawsuits
By
Leeza Arbatman
Fresh out the oven, still warm. Top of the tray.
Summary
The article discusses the evolving privacy litigation landscape in California, specifically focusing on the rise of California Comprehensive Computer Data Access and Fraud Act (CDAFA) claims alongside traditional California Invasion of Privacy Act (CIPA) claims. Plaintiffs are increasingly using CDAFA as a legal theory to challenge website tracking technologies, expanding beyond the more common CIPA-based lawsuits. The article provides background on CDAFA as California's analog to the federal Computer Fraud and Abuse Act (CFAA), and analyzes how this shift impacts litigation strategies for companies using tracking technologies on their websites.
Key quotes
· 3 pulledThe privacy litigation landscape in California continues to grow in complexity, with plaintiffs advancing new theories of liability based on the use of website tracking technologies.
Although California Invasion of Privacy Act ('CIPA') claims under California Penal Code §§ 631 and 638.51 remain the dominant privacy theories in this space, plaintiffs are increasingly asserting claims under the California Comprehensive Computer Data Access and Fraud Act, California Penal Code § 502 ('CDAFA').
CDAFA is the California analog to the federal Computer Fraud and Abuse Act, 18 U.S.C. § 103
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