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Privacy

California Invasion of Privacy Act (CIPA)

Intercepting or recording a communication, or aiding someone else to do so, without the consent of all parties.

Pleaded in 14 of the 98 matters on this docket

Governing law

Cal. Penal Code 630 et seq. — section 631 (wiretapping and aiding interception), section 632 (confidential communications), section 632.7 (cellular and cordless calls); civil remedy at section 637.2

Damages

Section 637.2 provides the greater of $5,000 per violation or three times actual damages, plus injunctive relief. A plaintiff need not have suffered actual damage to bring the action.

Limitations period

Generally one year for the statutory penalty under Cal. Civ. Proc. Code 340(a), though courts have split: some apply the three-year period of section 338(a) for a liability created by statute. Treat the shorter period as the operating assumption.

Reference material about publicly available law, current as of the date this file was compiled. It is not legal advice and it does not describe anyone’s particular situation. Statutes and limitations periods vary by jurisdiction and change.

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