In a recent legal filing, a California resident has launched a class action lawsuit against a major tech company for allegedly violating privacy laws by secretly collecting users' IP addresses through tracking software on its website. The complaint was filed by Richard Skaff in the Superior Court of California, County of San Francisco, on June 4, 2024, targeting CNET Networks, Inc.
According to the lawsuit, CNET Networks operates the website CNET.com and uses two tracking tools—GumGum Tracker and Audiencerate Tracker—to collect visitors' IP addresses without their consent. Skaff claims that these trackers capture "routing, addressing, or signaling information," thus constituting "pen registers" under Section 638.50(b) of the California Invasion of Privacy Act (CIPA). The plaintiff asserts that by installing and using these trackers without prior consent or a court order, CNET Networks violated CIPA section 638.51(a).
The complaint elaborates on how these trackers function. When users visit CNET.com, their browsers send HTTP requests to CNET's server. In response, the server sends back instructions that include installing the trackers on users' browsers. These trackers then capture and transmit users' IP addresses to GumGum and Audiencerate for marketing and analytics purposes. The plaintiff argues that this process enables targeted advertising based on geographical location and other personal data metrics.
Skaff's legal team emphasizes that this practice is not only invasive but also illegal under current privacy laws designed to protect consumers from unauthorized data collection. "By analyzing data on which households or businesses are responding to their ads," companies like GumGum can refine their targeting strategy and improve overall marketing efforts, thereby monetizing user data without explicit consent.
The plaintiff seeks several forms of relief from the court: certification of the class action status for all affected California residents who visited CNET.com; statutory damages amounting to $5,000 per violation of CIPA § 638.51(a); pre- and post-judgment interest; restitution; equitable monetary relief; and coverage of reasonable attorney’s fees and litigation costs.
Representing Skaff are attorneys L. Timothy Fisher and Emily A. Horne from Bursor & Fisher, P.A., based in Walnut Creek, CA. The case is presided over by Judge Mark Udan under Case No. CGC-24-615227.