BlogLine

Data tracking claims taking shape under CIPA

5/15/25

By: Justin J. Boron and Michael R. Brown

Whether by settlement or early dismissal, data-tracking claims have avoided significant judicial scrutiny. But the Torres v. Prudential Financial Inc. decision presents a result that could shape how these matters are litigated and negotiated going forward. 

For one, the Northern District of California recently clarified the application of Section 631 (California’s “Wire Tapping Law”) to data tracking class action claims. On April 17, the court in Torres v. Prudential Financial Inc. granted summary judgment to two defendants because their tracking technology did not “read” user information while “in transit” – a requirement under Section 631.

The court also granted certification of the class under Rule 23, which illustrates how straightforward class certification can be where a class can be ascertained and statutory damages or the primary element of relief. The plaintiffs alleged that Prudential hired a vendor, ActiveProspect, to collect a record of visitors’ interactions with its website while they were applying for life insurance quotes. ActiveProspect, according to the complaint, would store a record of the interactions and later transmit a report to Prudential. By limiting the class to those who registered, the plaintiffs eliminated an ascertainability problem that has been a barrier to certification in other data tracking cases. 

For more information, please contact Justin J. Boron at justin.boron@www.fmglaw.com, Michael R. Brown at michael.brown@www.fmglaw.com or your local FMG attorney.

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