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Thompson Hine lawyers Steven G. Stransky and Kim Sim Sandell recently published on Law360 an article, “Opting In To CIPA Risk Mitigation After New Precedent,” which can be accessed in full below.

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The authors focus on recent court rulings in California, particularly in Dino Moody v. C2 Educational Systems, which have broadened the interpretation of the California Invasion of Privacy Act (CIPA) to potentially include website advertising technologies like cookies and pixels as equivalent to pen registers or trap-and-trace devices. This development has sparked a rise in CIPA lawsuits, which often target small businesses with costly legal challenges. To mitigate these risks, businesses may consider adopting an opt-in approach for using such technologies, although this contradicts other California privacy laws that favor opt-out frameworks.

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The article was published by Law360, a legal news service that delivers newsletters to more than 2 million daily readers’ inboxes covering over 60 practice areas and industries.

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Opting In To CIPA Risk Mitigation After New Precedent