By: Jeffrey Backman, Esq., and Roy Taub, Esq.
On September 30, 2026, California Governor Gavin Newsom signed Senate Bill 690 into law. SB 690 amends the California Invasion of Privacy Act (“CIPA”), specifically Penal Code Section 637.2, to provide that only the Attorney General may bring an action against a private actor for an alleged violation of California Penal Code Section 638.51 arising from conduct on an internet website, online application, or mobile application. The law goes into effect on January 1, 2027.
Section 638.51 prohibits installing or using a pen register or a trap and trace device without first obtaining a court order, subject to specified exceptions, and plaintiffs were able to pursue those claims privately through Cal. Penal Code Section 637.2 for statutory damages of $5,000 per violation or treble actual damages. A large number of “pen register” lawsuits have been filed in recent years, and this new law eliminates such private suits.
Notably, SB 690 does not amend Section 638.51’s substantive prohibitions or exceptions. It does not alter the availability of other CIPA claims or remedies outside the online Section 638.51 context, such as claims under Sections 631, 632, or 632.7. Plaintiffs are likely to pivot to claims under these sections or pursue non-CIPA claims.
SB 690 rebalances California’s “pen register” litigation landscape by moving website- and app-based Section 638.51 enforcement to the Attorney General and extending this change to certain pending actions. The law is more targeted than the California business community would have liked and underscores the need for disciplined governance of tracking technologies and clear user-facing disclosures, as plaintiffs may recalibrate claims under other legal theories.
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