- What CIPA is and why 800+ claims were filed in 2025
- Why your site is likely exposed, even with a consent banner
- The exact technical fix that is done-for-you, flat fee
- Proof you can hand to your attorney with timestamped documentation
- What it costs: $1,500–$2,500 vs. $5,000–$50,000 settlements
Executive Summary
Plaintiff firms are scanning small business websites at an industrial scale, looking for one specific technical problem on your site. If they find it, you get a demand letter. One that typically asks for between $5,000 and $50,000. In just 2025, more than 800 CIPA claims were filed, and your risk is growing in 2026.
This page explains what the problem is, why it matters to you, and offers a done-for-you fix.
→ Skip to the Done-For-You Fix
What Is CIPA and Why Is It Coming After Your Website?
CIPA stands for the California Invasion of Privacy Act. It is a 1967 law written to prevent wiretapping. Now, plaintiff firms are applying it to websites, arguing that your tracking pixels and analytics scripts firing before user consent constitute illegal interception of communications.
The statutory damages are $5,000 per violation. Furthermore, courts do not require proof of actual harm. Thus, that combination makes CIPA extremely attractive to plaintiff firms running volume campaigns against businesses like yours.
It's worrying because major companies have already settled: Dave and Buster's and Adidas got hit. Similarly, the Los Angeles Times settled for $3.85 million in June 2026. In addition, Sutter Health settled for $21.5 million. These same plaintiff firms sending letters to those companies are sending letters to dentists in Sacramento and e-commerce shops in New Jersey.
Your business does not have to be in California. If California residents visit your website, you are at risk of a demand letter.
The Part That Trips You Up
You might already have a cookie consent banner on your site. However, that banner does not protect you if your pixels are firing before it loads.
So, perhaps someone lands on your site and your tracking pixels fire and send data to third parties in the first milliseconds after your page loads. A fraction of a second later, your consent banner renders. And several seconds after that, the visitor clicks Accept.
Therefore, the violation happened before your banner even appeared. And your banner does not undo it. This is exactly what plaintiff firms document when they scan your site.
In 2026, the lawsuits have focused specifically on your search bar. When a visitor types a search on your website, that query can be transmitted in real time to third parties through your analytics tools, before any consent is obtained. Courts are treating this as an interception.
Your Site Is Probably Exposed Right Now
If your site runs Meta Pixel, Google Analytics, a chat widget, or session replay software without a proper consent architecture in place, your site is detectable. Plaintiff firms use automated tools that load your site in a fresh session and log everything that fires before a consent interaction happens.
Your CCPA compliance does not cover you here. CCPA governs the sale and sharing of your data, whereas CIPA governs whether your site intercepted the communication in the first place. They are different laws. You can be fully compliant with one and still exposed under the other.
SB 690 would have limited most of these claims, but as of July 2026, it is still moving through committee. Even if it passes, it will likely not take effect until January 2027 and will not apply retroactively. These plaintiff firms know the clock is running, so they are filing more aggressively now.
The Fix: What We Do for You
This is a done-for-you technical remediation. One flat-fee engagement. Here's what we do for you:
- We audit your site. We document exactly what is firing on your site before your visitors have a chance to consent. This becomes your before snapshot and is part of your documentation package.
- We fix the problem. We put the right technical architecture in place so your tracking tools cannot fire before consent is given. This is a structural fix to the way your site loads and fires your marketing tools.
- We address your search bar. We check whether your site's search function is transmitting queries to third parties before consent. This is the specific exposure the 2026 lawsuits are targeting, and we close it.
- We hand you the proof. You get timestamped before and after evidence, updated privacy policy language, and an attorney-ready technical summary. If a demand letter arrives, you hand this package to your attorney.
And all the work is done remotely!
Does the Fix Actually Work as a Defense for You?
Yes. A federal court dismissed CIPA claims against Bosley in April 2026. One of the two independent grounds for dismissal was proper consent architecture. In this case, the court cited the fact that users were required to affirmatively accept terms before tracking occurred.
That is exactly what this fix builds on your site. It is not a guarantee against a lawsuit being filed, but it gives your attorney something concrete to work with, and it closes your exposure going forward.
What This Costs You vs. What It Prevents
Frequently Asked Questions
Fix Your Site Before the Next Letter Arrives
Reach out to us and we will get back to you within one business day with some questions and a quote.
If you have a demand letter with a deadline, note that in the email. Rush 72-hour turnaround is available.