Governor Newsom Signs SB 690, Ending the Private Right of Action Under CIPA’s Pen Register and Trap-and-Trace Provision

On September 30, 2026, Governor Gavin Newsom signed Senate Bill 690, the product of a multi-year push to curb abusive litigation under the California Invasion of Privacy Act (CIPA). As previously reported, SB 690 cleared the Senate and Assembly on August 28. The law eliminates the private right of action for alleged violations of Cal. Penal Code § 638.51, CIPA’s pen register and trap-and-trace provision. It takes effect January 1, 2027, and applies retroactively for two years.

The enactment has drawn plenty of enthusiasm, but the final law is far narrower than the original bill and is not expected to meaningfully reduce abusive CIPA litigation. Governor Newsom acknowledged as much in his signing message: “[A]dditional work in this area is needed, as CIPA contains other decades-old statutes that are also susceptible to abuse by overly aggressive litigants. I urge the Legislature to take this on next year to ensure a fair balance between protecting private information and preventing rapacious litigation.” The question now is whether the Legislature will answer that call in 2027.