Website Tracking Litigation: Stopping the Money Out the Door

Website tracking claims under the California Invasion of Privacy Act have generated years of demand letters and costly settlements. Defendants are now winning. Matthew Pearson of Frankfurt Kurnit Klein + Selz PC covers the statute's wiretapping and pen-register provisions and the defense strategies that are defeating these claims. Using Popa v. Microsoft Corp. and Torres v. Prudential Financial, he shows how defendants succeed through Article III standing challenges and evidence of what information was collected and how. He also explains why plaintiffs target website operators instead of technology providers, and how bringing the provider into the case shifts the dispute from assumptions to facts.