The California Invasion of Privacy Act (CIPA), Penal Code §§ 630–638, prohibits the interception of electronic communications without the consent of all parties. Many websites embed third-party session replay tools — software that silently records your keystrokes, mouse movements, clicks, and form entries as you browse — and share that data with outside vendors without disclosing this to visitors. When a California resident visits a website they have no account with and made no purchase from, there is no basis for implied consent to that interception.
Potter Handy, LLP is investigating CIPA § 631 claims on behalf of California residents who used Chrome or Edge browsers to browse websites without accounts or purchases. Eligible claimants may participate in class or mass action proceedings and recover up to $5,000 per violation without proving individual financial harm.
You do not need to have suffered financial harm to bring a claim. CIPA § 637.2 provides statutory damages for each qualifying interception — the unlawful recording of your session is the violation.
Any information you provide — including your name, contact details, and browsing history — is used solely to evaluate and pursue your potential claim. We do not sell, rent, or share your information with third parties outside of our legal team. Your participation in this review creates no obligation to proceed with a claim.
Damages vary depending on the number and nature of interceptions documented. Common categories of recovery in CIPA website privacy matters include:
California Penal Code § 637.2 provides statutory damages of $5,000 per violation of the California Invasion of Privacy Act, or three times the actual damages suffered, whichever is greater. Qualifying claimants do not need to prove individual financial harm — the interception itself is the violation.
CIPA § 631 prohibits any person from intentionally intercepting electronic communications without all parties' consent. When a website embeds third-party session replay or tracking software that records your activity, each session may constitute a separate violation — potentially multiplying the damages available.
CIPA and applicable California law allow prevailing plaintiffs to recover reasonable attorney's fees and costs. This means qualifying claimants bear no out-of-pocket legal expenses throughout the litigation.
Courts may order websites to remove unlawful tracking software and obtain proper consent before intercepting visitor activity going forward — protecting you and other California users from continued violations.
Claims under California Penal Code § 631 (CIPA) may be pursued individually or as part of a class or mass action. Theories of liability include the interception of electronic communications by session replay software, pixel trackers, and third-party chat tools embedded on a website without the visitor's knowledge or consent. Statutory damages of up to $5,000 per violation are available under § 637.2, and each recorded session may constitute a separate actionable interception.
See if You QualifyAt Potter Handy, LLP, we represent California residents whose online activity has been secretly intercepted by websites they visited without creating an account. Our attorneys bring targeted experience in digital privacy and CIPA litigation — with a process designed to be fast, easy, and completely free to qualifying claimants.
Potter Handy, LLP has built a practice around California digital consumer rights. Our attorneys understand the technical and legal requirements of CIPA § 631, including how to document unlawful interception and present claims effectively in class and mass action proceedings.
Our representation is entirely contingency-based. You pay nothing to start your review and nothing during the case. Fees apply only if we recover compensation on your behalf.
Our review takes minutes. Once you submit your information, our intake team evaluates your eligibility and explains your options — with no obligation to proceed.
This is an advertisement of the law firm Potter Handy, LLP, to bring claims against Data Privacy and is not endorsed by Data Privacy. This webpage's content is provided for informational purposes only by Potter Handy, LLP, located at 100 Pine Street Suite 1250 San Francisco, CA 94111. This site contains general information that may not be up to date, assumes findings of fact, and is for illustrative purposes only. A more detailed analysis of your particular data would be required to obtain a better estimate of what you are owed. There is no guarantee that a Court or Arbitrator would rule in your favor. This does not create a client-attorney relationship. It is not intended to provide legal advice. For legal advice, you will need to consult an attorney at Potter Handy, LLP. Past results are not indicative of future results and do not guarantee any particular outcome.