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CALIFORNIA PRIVACY – CPRA

The CIPA Defense Guide: Chatbot, Pixel and Wiretap Claims After SB 690

Our CIPA Defense Guide explains how chatbot, pixel and wiretap claims work after California’s SB 690, the statutes and rulings that matter, what to do in the first 72 hours after a demand letter, a defense map, the evidence that wins, and a 30-day plan.

Nov 14, 2026 20 min read

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Our CIPA Defense Guide explains how chatbot, pixel and wiretap claims work after California’s SB 690, the statutes and rulings that matter, what to do in the first 72 hours after a demand letter, a defense map, the evidence that wins, and a 30-day plan to stop being a target. Read all 18 pages below.

Captain ComplianceCompliance Guide · Edition 01
California Invasion of Privacy Act · after SB 690

The CIPA
Defense
Guide

Chatbot, pixel and wiretap claims after SB 690: how the lawsuits work, what courts are deciding, what to do when a demand letter arrives, and how to stop being a target.

Defense map72-hour response planKey rulingsChatbot controls
2,203
CIPA suits filed nationwide in 2025
$5,000
statutory damages per violation still available under § 631 and § 632
Jan 1
2027: private pen-register claims against websites end
By Richart Ruddie · Captain ComplianceNovember 2026
Contents

The guide

01The landscape after SB 690Filing numbers and where claims are going03
02The statutes plaintiffs useCIPA sections, federal law and other states04
03Risk by technologyPixels, replay, chat, AI, voice, email05
04The rulings that matterWhat courts have decided06
05Anatomy of a demand letterWhat it says and what it wants07
06Your first 72 hoursPreserve, assess, respond08
07The defense mapEvery major defense, rated09
08Evidence that winsWhat to build before you need it10
09PreventionConsent, tags and session replay11
10Chatbots and voice AIControls for the next wave12
—Vendor terms · 30-day plan · checklist · FAQ · sources13
Why this guide

SB 690 took away one weapon. It left the strongest one.

For four years, the California Invasion of Privacy Act has been the most common privacy claim in the country, mostly aimed at ordinary websites. On January 1, 2027, SB 690 ends private pen-register claims against websites and apps. That is good news, but it isn’t the end of CIPA risk.

Wiretapping (§ 631) and recording (§ 632) claims still carry $5,000 per violation, and they’re about the content of what people type and say. Chat widgets, AI assistants and voice bots are where plaintiffs are already heading. This guide is for the people who will get the demand letter, and the people who can make sure it never comes.

Richart Ruddie
Founder & CEO, Captain Compliance

The 60-second answer

If you got a letter: don’t ignore it, don’t pay it on day one, preserve your site as it was, and call counsel and your insurer. If you didn’t: get consent before ad tags fire, mask session replay, and put a clear notice above every chat box.

This guide is general information, not legal advice. Talk to a litigator about any specific claim.

The CIPA Defense Guide02
01
The landscape

After SB 690, the claims move

CIPA filings roughly quadrupled in California from 2023 to 2025. SB 690 removes the theory behind many of them, but not the ones built on what people actually say.

CIPA cases filed in California
05001,0001,5003967601,5561,408*2023202420252026
*Through September 25, 2026. Fisher Phillips tracking. Nationwide filings: 907 (2024), 2,203 (2025).
SB 690 in one paragraph

Signed September 30, 2026, effective January 1, 2027. It removes the private right of action for pen-register and trap-and-trace claims (§ 638.51) based on websites and apps, and it reaches suits filed on or after January 1, 2025. The Attorney General and CalPrivacy can still enforce. It adds no general business-purpose exemption.

Next session

In signing, Governor Newsom urged lawmakers to revisit other “decades-old” CIPA provisions. More reform is possible in 2027, but nothing is guaranteed.

Where claims go next

TheoryTypical target2027 trend
§ 638.51 pen registerAny site with tracking pixels and analyticsPrivate claims end
§ 631 wiretapChat widgets, AI assistants, session replay, form captureRising
§ 632 / § 632.7 recordingCall recording, voice AI, transcription and note-takersRising
Other states and federalWiretap and pixel claims under other state laws and ECPATesting new venues
01 · The landscape03
02
The law

The statutes plaintiffs use

CIPA was written in 1967 for telephones. Plaintiffs apply it to websites by arguing that a vendor’s code is a third party listening in. Here’s the toolkit.

ProvisionWhat it prohibitsHow it’s used online
CIPA § 631(a)Tapping a line; willfully reading or learning the contents of a communication in transit without all parties’ consent; using what was learned; or aiding someone who doesThe site “aided” a chat, replay or pixel vendor that captured messages or form entries
CIPA § 632Eavesdropping on or recording a confidential communication without all parties’ consentRecorded calls, voice AI, chat with sensitive content
CIPA § 632.7Intercepting or recording communications involving cellular or cordless phones without consentCustomer service calls to or from mobile phones
CIPA § 638.51Installing a pen register or trap-and-trace device without a court orderPixels capturing IP and device data. No private claims for websites from 2027
CIPA § 637.2Private right of action: greater of $5,000 per violation or three times actual damagesWhy each page view or chat can be multiplied across a class
Federal Wiretap ActIntercepting communications, with a one-party consent rule unless the purpose is criminal or tortiousThe “crime-tort” exception, especially for health data and AI training

Beyond California

All-party consent states

Pennsylvania, Florida, Washington and others have wiretap laws plaintiffs have tried against session replay and chat. Results have been mixed, with many dismissals on standing or coverage.

Massachusetts

In 2024, the state’s highest court held in Vita v. New England Baptist Hospital that its wiretap act doesn’t clearly reach website browsing activity.

Arizona and email

A wave of suits claimed email tracking pixels violated a telephone-records law. Many have been dismissed early, but the theory shows how far plaintiffs will stretch.

02 · The statutes04
03
Risk map

Risk by technology

Not every tool carries the same exposure. Risk rises when a tool captures content, a vendor can use that content for itself, and the person had no notice.

TechnologyPlaintiffs’ theory2027 riskMain control
AI chatbots & support agentsVendor and model provider read conversations in real time and use themHighNotice before the first message; no vendor training
Live chat widgetsChat vendor intercepts messages as a third partyHighNotice above input; vendor limited to your purposes
Voice AI & call recordingRecording or analyzing calls without all-party consentHighClear recording disclosure at the start of every call
Session replayCaptures keystrokes and form entries as they’re typedMediumMask all text fields; consent first
Ad pixels on sensitive pagesPage titles, searches or form data sent to ad platformsMediumRemove from health, finance and chat pages
Meeting note-takersRecording and training on conversationsMediumDisclosure to all attendees; training off
Video + pixelVPPA: viewing history shared with ad platformsMediumPixel off video pages or VPPA consent
Basic analytics pixelsPen register (§ 638.51)LowerStill honor consent and opt-outs

The three risk multipliers

Content (what people type or say), vendor self-use (training, profiling, ads), and no notice before collection. Remove any one and the claim gets much weaker.

2 → 30chatbot wiretap matters filed in 2021 versus 2025, before SB 690 pushed plaintiffs toward content claims.Baker Botts via Legal 500
03 · Risk by technology05
04
Case law

The rulings that matter

Courts don’t agree on everything, but these decisions show where cases are won and lost.

Javier v. Assurance IQ9th Cir. · 2022

Consent must come first. Agreeing to a privacy policy after the session started didn’t cover what was already captured.

Mikulsky v. Bloomingdale’s9th Cir. · 2025

Session replay that captured names, addresses and payment details in real time plausibly captured “contents.” Claim revived.

Popa v. Microsoft9th Cir. · Aug 2025

No standing for session replay of non-sensitive shopping activity (Pennsylvania law). Sensitive data could change the result.

Gutierrez v. Converse9th Cir. · 2025

Summary judgment for the retailer, affirmed on appeal: no evidence the chat vendor read encrypted messages in transit.

Beyond YogaL.A. Superior · 2026

Summary judgment again on encryption evidence; plaintiff’s expert declaration excluded.

Google Contact Center AI (Ambriz)N.D. Cal. · 2025–26

2025: vendor capable of using call data for itself could be a third party. Oct 22, 2026: claims dismissed where the privacy statement disclosed “service providers.” Leave to amend.

Otter.aiN.D. Cal. · Aug 2026

Training on meeting recordings could fit the federal Wiretap Act’s crime-tort exception. Claim survives.

Couture v. OpenAIS.D. Cal. · filed 2026

Alleges ad pixels on ChatGPT.com sent conversation context to Meta and Google. Pending.

Vita v. New England BaptistMass. SJC · 2024

Massachusetts wiretap act doesn’t clearly cover website browsing. A signal that other states may limit these theories.

Pen-register splitCal. courts · 2023–26

Trial courts split on whether pixels are pen registers. SB 690 ends the private fight for websites from 2027.

Read together

Cases turn on four facts: was content captured, could the vendor use it for itself, did the person consent first, and can the plaintiff prove any of it. Your defense is evidence on all four.

Courts keep asking the same question: could the vendor use it for itself?
The issue behind most rulings
04 · The rulings06
05
When it arrives

Anatomy of a demand letter

Most CIPA matters start with a letter, not a lawsuit. They follow a pattern. Knowing it helps you respond calmly.

What a typical letter contains
01A named individual who says they visited your site, often recently, sometimes many sites02A tool list: the chat vendor, pixel or replay script found in your page source03Statutes: § 631, § 632, § 638.51, sometimes federal law04The math: $5,000 per violation, multiplied by a hypothetical class05A draft complaint and a short deadline06An offer to resolve individually and confidentially

Questions your counsel will ask

  • Was the named tool actually on your site on the date claimed?
  • Did it capture content, or just page and device data?
  • Did a banner or notice appear before it loaded?
  • Can the vendor use the data for its own purposes?
  • Do your terms include arbitration and a class waiver, and did the visitor agree to them?
  • Is the claim only under § 638.51, which SB 690 may defeat?
Don’t

Ignore it, pay immediately, or reply yourself with admissions about how your site works.

Do

Calendar the deadline, preserve evidence, notify your insurer, and send it to counsel.

Also

Search your other sites for the same tool. Letters often come in waves from the same firm.

The letter is a business proposal. Your evidence decides the price.
Why preparation matters
05 · The demand letter07
06
Response plan

Your first 72 hours

What you do in the first three days shapes every option you have later.

Hour 0–4Contain
Log when and how the letter arrived. Calendar every deadline. Route it to legal and nobody else.
Put a litigation hold on website code, tag manager versions, CMP settings, vendor contracts and chat logs.
Hour 4–24Notify
Tell your cyber or media liability insurer. Late notice can cost coverage. Ask which panel counsel they require.
Engage litigation counsel experienced with CIPA. Don’t contact the claimant directly.
Day 2Capture
Snapshot the site as it was: page source, tag manager container versions, banner screenshots, and a full scan of trackers on the pages named.
Pull the vendor contract and any data processing terms. Note whether the vendor can use data for itself.
Day 3Assess
With counsel, map the claim against the defenses on the next page. Decide whether to fix now (usually yes) while preserving the “before” record.
Check other properties for the same tool and the same gap.

Fix, but preserve

Remediating quickly limits future exposure and helps settlement. Just make sure counsel has captured the old configuration first, so you can prove what was and wasn’t collected.

A fast factual baseline

A Captain Compliance scan shows every tracker and vendor on the pages named, when they fire, and whether consent gates them. It’s the starting point counsel will want.

Preserve first, fix second. Both matter.
Response rule
06 · First 72 hours08
07
Defenses

The defense map

Every defense depends on facts. These are the arguments defendants use most, and the facts each one needs.

DefenseThe argumentFacts that make it work
SB 690No private § 638.51 claim for websites and appsClaim is pen-register only; suit filed on or after Jan 1, 2025
StandingNo concrete injury from collecting non-sensitive dataNo health, financial or intimate data captured; masking on
ConsentThe person agreed before collectionBanner or notice shown first; clickwrap terms; consent logs
Party exceptionA party to a conversation can’t eavesdrop on it; the vendor acted for the siteVendor contract limits use to your purposes; no training or ads
No contentsOnly record data (URLs, clicks, device data) was capturedNo form, chat or keystroke capture; tag configs prove it
Not “in transit”Nobody read the message while it was movingEncryption in transit; access logs showing no vendor reading
No willfulnessThe vendor didn’t knowingly read contentsAutomated processing only; no human review
ArbitrationClaims belong in individual arbitrationClickwrap acceptance before the session; enforceable class waiver
JurisdictionNo sufficient California connectionPlaintiff not in California; site not aimed at California

The pattern

Defenses that win early (SB 690, standing, arbitration) depend on documents. Defenses that win later (contents, transit, party exception) depend on technical evidence and experts.

Browsewrap rarely saves you

Terms linked in a footer that visitors never click usually aren’t enough for consent or arbitration. Put agreement in front of people when it matters.

07 · The defense map09
08
Evidence

Evidence that wins

The cleanest defense wins came from defendants who could prove what their tools did. Build this file before anyone asks for it.

The evidence file

Dated tag manager container versions and change history
Monthly tracker scans showing what loaded, where and when
CMP configuration and consent logs with timestamps
Banner and chat-notice screenshots by date
Vendor contracts and data processing terms
Vendor confirmation of encryption and access controls
Session replay masking settings
Terms of use acceptance records (clickwrap)

Lessons from the wins

Converse (chat)

Encryption in transit and secure storage, plus no proof the vendor read messages, supported summary judgment.

Beyond Yoga (chat)

The retailer’s expert explained the data flow. The plaintiff’s expert declaration was excluded as improperly sworn.

Popa (session replay)

Default masking meant no sensitive data was captured, which defeated standing.

Google CCAI (voice)

A clear “service providers” disclosure the account holders had agreed to ended their claims.

You can’t prove what your site did last March unless you saved it last March.
Why monthly scans matter
Make it routine
Monthly scan

Save a dated tracker report for every site.

Version control

Never delete old tag manager versions.

Vendor file

Keep contracts and data-flow letters in one place.

08 · Evidence10
09
Prevention

Stop being a target

Plaintiffs’ firms find targets by scanning page source. Make your site a poor candidate.

Consent first
  • Load the consent layer before any marketing or replay tag
  • Default non-essential tags to blocked
  • Honor GPC automatically
  • Keep timestamped consent logs
Session replay
  • Mask every text input and form field by default
  • Exclude checkout, account, health and support pages
  • Gate replay behind consent
  • Confirm the vendor doesn’t reuse recordings
Pixels
  • Remove ad pixels from sensitive, chat and video pages
  • Don’t send page titles, searches or form values
  • Review server-side conversion APIs too
Terms
  • Use clickwrap for accounts and checkout
  • Include arbitration and class waiver where appropriate
  • Disclose service providers and vendors plainly
Sample banner text
We use cookies and similar tools

Some are needed for the site to work. With your permission, we and our partners also use them to understand how you use the site, record sessions to improve it, and show you ads. Nothing optional loads until you choose.[Accept all][Reject optional][Choose]

Plaintiffs read your page source. Make sure it tells a boring story.
How targets are chosen
09 · Prevention11
10
The next wave

Chatbots and voice AI

A pixel captures metadata. A chatbot captures what people actually say. That’s why AI conversations are where CIPA risk is concentrating after SB 690.

Controls for chat and AI assistants

  • Notice above the input, visible before the first message, naming AI and service providers
  • No vendor training on your customers’ conversations, in the contract
  • List the model provider as a subprocessor and disclose it
  • No ad pixels on pages where chat runs
  • Retention limits on transcripts, stated publicly
  • Human review disclosed if people read samples
  • Extra care for health, finance and minors

Controls for calls and voice AI

  • Announce recording and AI analysis at the start of every call
  • Offer a way to continue without recording where possible
  • Confirm vendors don’t train on recordings
Sample chat notice · above the input

You’re chatting with an AI assistant. Messages are processed by [Company] and our service providers, including [AI provider], to answer your question and are kept for [30 days]. They aren’t used to train outside AI models. Privacy notice

Sample call script · first seconds

“This call is recorded and analyzed by our service providers, including AI tools, for quality and to help with your request. If you’d prefer not to be recorded, say ‘no recording’ and we’ll continue without it.”

Why notice placement matters

The Google CCAI ruling helped the account holders’ defense because they’d agreed to a clear disclosure. A caller who never agreed to anything kept their consent argument. Notice at the point of conversation covers everyone.

Notice before the first message beats a privacy policy nobody opened.
The chatbot rule
10 · Chatbots & voice AI12
Vendor contracts

Terms that keep vendors your tools

The party-exception defense depends on your vendor acting for you, not for itself. Your contract is the proof.

ClauseWhat it should sayWhy it matters
Purpose limitationVendor processes data only to provide the service to youSupports “extension of the site” defense
No trainingNo use of your data to train or improve models for othersTraining drove the Otter.ai ruling
No resale or adsNo selling, sharing or advertising useKeeps vendor a service provider
SecurityEncryption in transit and at rest; access controls; loggingEvidence for “not in transit” defenses
RetentionDefined retention and deletion on requestLimits what’s discoverable and harmful
SubprocessorsNamed list, including model providers; notice of changesDisclosure accuracy
Litigation cooperationVendor provides technical declarations and records on requestYou’ll need their expert facts
IndemnityVendor covers claims caused by its own use or breachShifts risk to the party in control

Check the defaults

Many chat and analytics tools reserve broad rights in their standard terms. If you didn’t negotiate, assume the vendor can use your data for itself until you’ve read the contract.

Ask for a declaration now

Get a short written description from each conversation vendor of how data flows, who can access it and whether it’s encrypted. It’s much harder to get after a lawsuit.

Your vendor contract is your best witness.
The party exception in practice
Vendor contracts13
Hardening plan

Thirty days to a harder target

You don’t need to wait for a letter. This plan closes the most common gaps in a month.

Days 1–5See it
Scan every site and subdomain. List every chat, replay, pixel, voice and note-taking tool, the pages it runs on, and whether consent gates it.
Days 6–10Gate it
Load the consent layer first. Block non-essential tags by default. Turn on GPC. Remove pixels from sensitive, chat and video pages.
Days 11–15Mask it
Turn on full input masking in session replay. Exclude checkout, account and support pages. Confirm vendor retention.
Days 16–20Disclose it
Add notices above chat inputs and at the start of calls. Update the privacy notice to name service providers and AI vendors.
Days 21–25Contract it
Send vendors the contract terms on page 13. Request data-flow declarations. Turn off training settings.
Days 26–30Prove it
Re-scan and save results. Start the evidence file. Schedule monthly scans and a review whenever marketing adds a tag.
Legal
Owns
Notices, terms, vendor contracts, response plan
Marketing
Owns
Tags, pixels, chat and replay tools
Engineering
Owns
Load order, masking, logs and evidence
The cheapest CIPA claim is the one that never gets filed.
Prevention economics
Hardening plan14
One-page checklist

CIPA-ready for 2027?

Tick each item only if you can show evidence for it.

Know your tools
We have a current list of every chat, replay, pixel and voice tool.
We know which pages each tool runs on.
We scan monthly and after every tag change.
We keep dated tag manager versions.
Consent & notice
Non-essential tags don’t fire before consent.
A notice appears above every chat input before the first message.
Calls announce recording and AI analysis up front.
Our privacy notice names service providers and AI vendors.
Minimize
Session replay masks all text inputs.
No ad pixels run on health, finance, chat or video pages.
Transcripts and recordings have retention limits.
Vendors can’t train on our customers’ conversations.
Contracts & terms
Vendor contracts limit use to our purposes.
Vendors will provide technical declarations if we’re sued.
Accounts and checkout use clickwrap terms.
We’ve reviewed arbitration and class waiver terms with counsel.
Respond
We have a written demand-letter response plan.
We know which insurer to notify and how.
We have litigation counsel identified in advance.
We can produce our evidence file within a day.
One-page checklist15
FAQ & glossary

Questions we hear most

Does SB 690 end CIPA lawsuits?

No. It ends private pen-register claims based on websites and apps. Wiretap and recording claims remain, with the same $5,000 statutory damages.

We’re not in California. Are we safe?

Not necessarily. Claims follow California visitors, and other states have their own wiretap laws. Courts do look at whether your site targets California.

Does a cookie banner protect us?

It helps if nothing optional loads before a choice and you can prove it. It doesn’t cover chat content or calls, which need their own notices.

Should we just settle?

Sometimes that’s the business answer. But the price depends on your facts, so let counsel assess the defenses first.

Will insurance cover this?

Possibly. Many cyber and media policies address privacy claims, but some exclude “wrongful collection.” Notify early and read the exclusions.

Do we have to remove our chatbot?

No. Add notice before the first message, limit vendor use, and keep records. That addresses the facts plaintiffs rely on.

Glossary

CIPA: California Invasion of Privacy Act, Penal Code § 630 and following.
Pen register / trap and trace: devices that capture dialing or routing information, not content.
Contents: the substance of a communication, such as a chat message or form entry.
Party exception: a party to a conversation can’t be liable for eavesdropping on it.
Capability vs. extension test: competing tests for whether a vendor is a third party (capable of using data for itself) or the site’s tool.
Crime-tort exception: the federal rule that one-party consent doesn’t protect interception for a criminal or tortious purpose.
Clickwrap: terms a person actively agrees to, as opposed to browsewrap links.
Session replay: scripts that record a visitor’s clicks, scrolling and typing to recreate the session.
FAQ & glossary16
Sources & notes

Where this comes from

This guide draws on the California Invasion of Privacy Act as amended by SB 690, published court decisions and complaints, filing data from Fisher Phillips, and law firm analyses of SB 690 and recent Ninth Circuit rulings.

Case descriptions summarize published rulings and allegations. Allegations in complaints have not been proven. Several matters described are ongoing and may change.

Information is current as of November 2026. This guide is general information and is not legal advice. Talk to qualified counsel about any specific claim.

Captain Compliance

Captain Compliance scans your sites for every tracker, chat and replay tool, gates them behind consent, honors GPC and keeps the logs you need if a letter arrives.

Companion reading: The State of Privacy & AI Governance 2026–2027, The ADMT & AI Notice Playbook and The Opt-Out & GPC Readiness Guide.

California Penal Code §§ 631, 632, 632.7, 637.2, 638.51; SB 690 (signed Sept. 30, 2026; effective Jan. 1, 2027).
Fisher Phillips, CIPA litigation tracking, 2023 through Sept. 25, 2026.
Benesch, analysis of SB 690 (Oct. 2026).
Javier v. Assurance IQ (9th Cir. 2022); Mikulsky v. Bloomingdale’s (9th Cir. 2025); Popa v. Microsoft, No. 24-14 (9th Cir. Aug. 26, 2025); Gutierrez v. Converse, No. 24-4797.
Google Contact Center AI litigation (N.D. Cal. 2025–2026); Otter.ai (N.D. Cal. 2026); Couture v. OpenAI (S.D. Cal. 2026).
Vita v. New England Baptist Hospital (Mass. 2024).
Baker Botts via Legal 500, AI deployer litigation review.
Eric Goldman, Technology & Marketing Law Blog, on Popa v. Microsoft.
Sources & notes17
Next steps

See your site the way
a plaintiff’s firm
does.

Our free scan lists every chat, pixel and session replay tool on your site, shows what fires before consent, and gives you the baseline counsel will ask for.

01

Find the tools

Every tracker, chat and replay script.

02

Gate them

Nothing optional loads before consent.

03

Keep the proof

Monthly scans and consent logs on file.

Run your free scan  →
captaincompliance.com/cookie-scanner
Captain Compliance
© 2026 Captain Compliance
captaincompliance.com
By Richart Ruddie, Founder & CEO
Not legal advice. Current as of November 2026.

Put this into practice

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