California class action plaintiffs have begun to file under a new theory—the pen register and trap and trace device theory under Section 638.51 of the California Invasion of Privacy Act. A recent California decision denied the motion to dismiss as to the Section 638.51 claim, rejecting the argument that the defendant’s software was not a pen register.
Continue Reading New Wave of Website Privacy Lawsuits Under the Pen Register and Trap and Trace Device Theory