"Attorneys in private practice are a key part of the privacy protection team, alongside journalists, researchers, legislators and regulators. After Frasco v. Flo Health (aka the "Flo case"), where a jury found that Meta violated CIPA by receiving menstrual cycle information from a mobile app, the private right of action is seen even more as an essential part of modern privacy enforcement."
"Reality: While CIPA dates back decades, it was updated in 2016 to cover electronic communications. The 2016 updates are the basis for today's tracking-pixel cases. Even in 1967, lawmakers anticipated the privacy risks of new technology: "Advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications [and] such devices and techniques [have] created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society.""
CIPA has granted individuals the right to bring civil suits since 1967 and was updated in 2016 to cover electronic communications, creating a foundation for tracking-pixel litigation. Frasco v. Flo Health produced a jury finding that Meta violated CIPA by receiving menstrual-cycle data, underscoring the private right of action as an enforcement mechanism. Proposed legislation like California Senate Bill 690 sought to weaken these protections amid heightened data-broker and social-media surveillance. Plaintiffs have adapted legal approaches after early dismissals, and a 2024 legislative analysis confirmed that CIPA was intended to evolve with technology, keeping it relevant today.
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