The California statute prohibits intentional wiretapping, recording confidential communications without all-party consent, and use of pen register or trap and trace devices. Sections 631 and 638.51 support most current claims.
Statutory damages are five thousand dollars per violation.
Alternative Names:
CIPA|California Wiretapping Statute
Why it Matters?
Website analytics and chat functionality have generated a wave of CIPA claims theorizing that third-party technology providers intercept communications, and the pen register theory under section 638.51 extended the claims to ordinary tracking software. Courts have divided sharply, with some dismissing on the party exception and others permitting claims to proceed. Vendor contracts characterizing the provider as a service provider rather than an independent recipient support the defense.
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Frequently asked questions
Why has CIPA litigation increased?
What supports the defense?
