Advisory on Privacy and CIPA

America’s Newspapers is alerting members to increased litigation involving the California Invasion of Privacy Act, known as CIPA, and the use of common website technologies.

Several news organizations have received demand letters or lawsuits alleging that website data collection practices violated CIPA when adequate notice or consent was not provided.

CIPA is one of the most plaintiff-friendly privacy statutes in the country. The law provides for statutory damages, attorneys’ fees and potential class-action exposure, often without requiring a plaintiff to demonstrate actual harm.

Courts have increasingly allowed claims involving website technologies such as analytics tools, tracking scripts, chat functions and session-replay software to proceed when websites lack adequate notice and consent mechanisms.

Website operators should not assume that the use of third-party vendors or technology providers eliminates potential compliance obligations. While data collection technologies play an important role in audience measurement, advertising and site functionality, many organizations are responding to these legal developments by strengthening their privacy disclosures and consent practices rather than eliminating such tools altogether.

Recommended Actions for Members

Members should consider consulting legal counsel and reviewing whether the following measures are appropriate for their organizations:

Implement a cookie or consent management tool that allows users to make informed choices regarding data collection and tracking technologies.
Review and update privacy policies to ensure they accurately describe current data collection, sharing and processing practices.
Review website Terms of Use and related policies, including any provisions addressing dispute resolution, arbitration or governing law.
Inventory and assess third-party technologies operating on websites, including analytics, advertising, chat and session-replay tools.
Periodically review privacy compliance practices as legal requirements and court interpretations continue to evolve.

There is no single compliance measure that eliminates legal risk.

Given the increasing legal activity in this area, members are encouraged to evaluate their current practices and seek legal guidance where appropriate.

Note: This advisory is provided for informational purposes only and should not be considered legal advice. Members should consult legal counsel regarding their specific circumstances.