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CIPA Website-Tracking Claims: Defending the Demand Letter and Fixing the Website

CIPA demand letters and wiretap lawsuits now target ordinary website tracking. Learn to triage the demand letter, deploy party-exception and forum defenses, audit a client’s tracking technologies, and remediate exposure before the next letter arrives.

2026-09-17 13:00:00

Program Details

2026-09-17 13:00:00

2026-09-17 13:00:00

2h CLE Credits

2026-09-17 13:00:00

Program Details

2026-09-17 13:00:00

Program Details

2026-09-17 13:00:00

Over 1,000+ webinars

2026-09-17 13:00:00

Course Overview

A consent banner alone may not be enough — and a pre-load banner can destroy the defense

2026-09-17 13:00:00

Plaintiffs’ firms are recasting the California Invasion of Privacy Act as a weapon against everyday website tools. Session-replay software, chat widgets, analytics tools, and advertising pixels now draw wiretap and pen register claims. Demand letters arrive before any lawsuit, and SB 690’s proposed fix remains unenacted.

The stakes compound quickly. Let a tracking tool transmit before opt-in, and the consent banner may not be enough. Deploy a pre-load banner, and it can destroy the defense rather than support it. Miss the Ninth Circuit’s party exception or § 638.51’s scope, and pleading-stage defenses slip away. Choose the wrong forum, and a removable case stays in state court.

This program is built around work product, not doctrine. Attendees leave with a concrete framework for evaluating CIPA exposure, demand letters, forum selection, and settlement strategy — plus a practical website tracking audit checklist and a remediation guide covering consent configuration, server-side tagging, and vendor contract protections. These are judgment-driven tools, applied client-by-client, that no automated summary can substitute for.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Demand Letter Triage
Separate a legally viable CIPA demand letter from a shakedown and evaluate the client’s consent banner and website tracking activities against the plaintiff’s allegations.
02
Defenses and Forum Strategy
Decide when the Ninth Circuit’s party exception ends the wiretap claim, spot the pleading workarounds plaintiffs are using, and choose between removal to federal court and state court.
03
Settlement and SB 690
Counsel clients on key settlement elements and on SB 690 while it remains unenacted — remediating under current law, never presenting proposed relief as an existing defense.
04
Risk-Tiering Tracking Tools
Identify and risk-tier session replay, chat widgets, analytics tools, and advertising pixels using actual data flows, timing, recipient, and page context.
05
Consent Architecture
Configure consent platforms so nonessential transmissions are blocked before opt-in, with server-side tagging and data minimization used where appropriate.
06
Sustaining Remediation
Sustain remediation through vendor contracts, release controls, recurring testing, documented ownership, and legislative monitoring.

Program schedule

clock 1:00 pm - 2:00 pm EST

Defending CIPA Web-Tracking Demand Letters and Wiretap Lawsuits

This session equips defense counsel to respond to California Invasion of Privacy Act demand letters and defend wiretap and pen register lawsuits arising from website tracking technologies. Attorneys will learn how to evaluate your client’s potential exposure, the current circuit-level authority, strategies for defenses, forum selection strategies, key elements for settlements and the status of SB 690’s attempt to unwind CIPA issues for California businesses. Attendees leave with a concrete framework for evaluating client’s CIPA exposure, CIPA demand letters, forum selection, procedural defenses, as well as settlement and client triage strategies.

James D. SnyderJames D. Snyder
clock 2:10 pm - 3:10 pm EST

Auditing and Fixing Website Tracking Before the Next CIPA Letter

This session will walk attorneys through how to evaluate a client’s website for potential CIPA exposure before a demand letter arrives. Attorneys will learn how to identify the tracking technologies operating on a website, determine what information they collect and transmit, and prioritize the tools that present the greatest litigation risk. The session will look closely at session-replay software, chat widgets, analytics tools, and advertising pixels, as well as why simply displaying a consent banner may not be enough if those technologies begin transmitting information before the user opts in. It will also cover how consent platforms should be configured, how server-side tagging and data minimization can reduce exposure, and what protections should be included in vendor contracts. Finally, attorneys will learn how to counsel clients regarding SB 690 while it remains unenacted and what ongoing testing and monitoring should occur after remediation. Attendees will leave with a practical audit checklist and remediation framework they can use with their own clients.

Lori S. RossLori S. Ross
James D. Snyder

James D. Snyder

Klinedinst PC

Lori S. Ross

Lori S. Ross

Outside General Counsel LLP

James D. Snyder

James D. Snyder

Klinedinst PC

James D. Snyder is the Managing Shareholder of Klinedinst PC’s San Diego office, where he serves as Chair of the firm’s Transactional Practice Group and Co-Chair of its Artificial Intelligence (AI) Group. His practice centers on business transactions, mergers and acquisitions, and data privacy and security, and he is regularly engaged as an outside general counsel by emerging startups and established companies alike.

Education & Credentials

Mr. Snyder earned his J.D. from California Western School of Law and his B.A. from the University of California, Santa Barbara. He is admitted to practice in California and before the U.S. District Court for the Southern District of California.

Recognition & Leadership

Mr. Snyder is recognized in Legal 500’s City Elite Series for Corporate and M&A (2026) and received the John D. Klinedinst Entrepreneurial Spirit Award (2023). At Klinedinst, he leads as Managing Shareholder of the San Diego office, Chair of the Transactional Practice Group, and Co-Chair of the AI Group.

Professional Involvement

Appointed in 2020 to the USLAW NETWORK Data Privacy and Security Practice Group, Mr. Snyder serves as its Educational Coordinator. He is a member of the International Association of Privacy Professionals (IAPP) and the San Diego County Bar Association, and mentors through Ignite at the University of California, San Diego.

Experience

Mr. Snyder has counseled clients at the leading edge of data privacy, advising on the EU’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), negotiating data processing agreements with major auto manufacturers, and building GDPR-compliant processes for international connected and autonomous car connectivity providers. He previously served as Chief Legal and Compliance Executive of a software development testing company, where he helped grow annual revenue from $10 million to more than $100 million in approximately three years and led the company’s $375 million acquisition by a publicly held international technology company. His work spans commercial SaaS, financial services, licensing, and professional services contracts, along with export and open-source software compliance.
Lori S. Ross

Lori S. Ross

Outside General Counsel LLP

Lori S. Ross is a Partner with OGC with over 25 years of experience advising companies on data privacy, AI governance, and commercial contracts, including SaaS/IaaS agreements and licensing for clients ranging from startups to Fortune 100 companies giving her a practical, business-first approach to structuring deals that manage risk while enabling growth. She holds the AIGP, CIPP/U.S., CIPP/E, and CIPM and FIP designations from the IAPP and is admitted to practice in California, Colorado, and D.C.

Education & Credentials

Ms. Ross earned her J.D. from UCLA Law School, an LL.M. from University College London, where she was a Bentham Scholar, and her B.A. from the University of California, Berkeley. She is admitted to the bars of California, Colorado, and the District of Columbia.

Recognition & Leadership

Ms. Ross was named a Bentham Scholar at University College London, and her career includes senior legal leadership posts as Vice President of Legal and Business Affairs at FanDragon Technologies and Chief Legal Officer of Global Mobile Vision in Dublin, Ireland.

Professional Involvement

She is a member of the International Association of Privacy Professionals (IAPP) and holds the AIGP, CIPP/US, CIPP/E, and CIPM designations.

Experience

Across more than 25 years of practice, Ms. Ross has advised new, emerging, and established technology, manufacturing, pharmaceutical, and media companies, with broad experience counseling SaaS and IaaS providers. Her prior roles include Vice President of Legal and Business Affairs at FanDragon Technologies, Chief Legal Officer of Global Mobile Vision in Dublin, Ireland, legal consultant through Lori S. Ross, LLC, and attorney with Paige & Co. in London, England. She speaks fluent French and has lived and worked on three continents.
James D. Snyder

James D. Snyder

Klinedinst PC

James D. Snyder is the Managing Shareholder of Klinedinst PC’s San Diego office, where he serves as Chair of the firm’s Transactional Practice Group and Co-Chair of its Artificial Intelligence (AI) Group. His practice centers on business transactions, mergers and acquisitions, and data privacy and security, and he is regularly engaged as an outside general counsel by emerging startups and established companies alike.

Education & Credentials

Mr. Snyder earned his J.D. from California Western School of Law and his B.A. from the University of California, Santa Barbara. He is admitted to practice in California and before the U.S. District Court for the Southern District of California.

Recognition & Leadership

Mr. Snyder is recognized in Legal 500’s City Elite Series for Corporate and M&A (2026) and received the John D. Klinedinst Entrepreneurial Spirit Award (2023). At Klinedinst, he leads as Managing Shareholder of the San Diego office, Chair of the Transactional Practice Group, and Co-Chair of the AI Group.

Professional Involvement

Appointed in 2020 to the USLAW NETWORK Data Privacy and Security Practice Group, Mr. Snyder serves as its Educational Coordinator. He is a member of the International Association of Privacy Professionals (IAPP) and the San Diego County Bar Association, and mentors through Ignite at the University of California, San Diego.

Experience

Mr. Snyder has counseled clients at the leading edge of data privacy, advising on the EU’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), negotiating data processing agreements with major auto manufacturers, and building GDPR-compliant processes for international connected and autonomous car connectivity providers. He previously served as Chief Legal and Compliance Executive of a software development testing company, where he helped grow annual revenue from $10 million to more than $100 million in approximately three years and led the company’s $375 million acquisition by a publicly held international technology company. His work spans commercial SaaS, financial services, licensing, and professional services contracts, along with export and open-source software compliance.
Lori S. Ross

Lori S. Ross

Outside General Counsel LLP

Lori S. Ross is a Partner with OGC with over 25 years of experience advising companies on data privacy, AI governance, and commercial contracts, including SaaS/IaaS agreements and licensing for clients ranging from startups to Fortune 100 companies giving her a practical, business-first approach to structuring deals that manage risk while enabling growth. She holds the AIGP, CIPP/U.S., CIPP/E, and CIPM and FIP designations from the IAPP and is admitted to practice in California, Colorado, and D.C.

Education & Credentials

Ms. Ross earned her J.D. from UCLA Law School, an LL.M. from University College London, where she was a Bentham Scholar, and her B.A. from the University of California, Berkeley. She is admitted to the bars of California, Colorado, and the District of Columbia.

Recognition & Leadership

Ms. Ross was named a Bentham Scholar at University College London, and her career includes senior legal leadership posts as Vice President of Legal and Business Affairs at FanDragon Technologies and Chief Legal Officer of Global Mobile Vision in Dublin, Ireland.

Professional Involvement

She is a member of the International Association of Privacy Professionals (IAPP) and holds the AIGP, CIPP/US, CIPP/E, and CIPM designations.

Experience

Across more than 25 years of practice, Ms. Ross has advised new, emerging, and established technology, manufacturing, pharmaceutical, and media companies, with broad experience counseling SaaS and IaaS providers. Her prior roles include Vice President of Legal and Business Affairs at FanDragon Technologies, Chief Legal Officer of Global Mobile Vision in Dublin, Ireland, legal consultant through Lori S. Ross, LLC, and attorney with Paige & Co. in London, England. She speaks fluent French and has lived and worked on three continents.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs