Serial-filer wave

The CIPA demand-letter wave: serial filers, and how website tracking became a lawsuit factory (2026)

Private litigation (CIPA)Last updated

At a glance

Brought by
Private litigation (CIPA)
Defendants
Various defendants (pattern case)
Sector
Cross-sector consumer sites
Law
CIPA (California wiretap law)
Amount
No amount (prefiling order)
Date
Order Jul 20, 2026
Status
Repeat filer declared vexatious litigant

Summary

Repeat plaintiffs file CIPA website-tracking claims and demand letters at volume. In July 2026, a federal judge in Los Angeles declared one serial CIPA filer, Vivek Shah, a vexatious litigant and required court permission before he files new CIPA or related privacy suits in that district. Most targets are ordinary consumer sites running standard trackers.

What happened

Shah’s suits included one against Crain Communications, in which he said he could verify whether a website was sending his search queries to a third party. Judge R. Gary Klausner noted that Shah had started at least 29 proceedings from 2021 to 2026. The prefiling order covers any new CIPA or related digital privacy case he files in the Central District of California.

The mechanism

The theory is CIPA Section 631: that a site’s trackers intercept what a visitor types, such as a search term, in transit.

A visitor types and chats on a site while a replay or chat script sends a copy to a third-party vendor as it happens.

Why this matters for your site

One court has now called a serial filer’s pattern harassment. That doesn’t make the claims go away for everyone else. You do not need to have done anything unusual to receive a demand letter. You need to know what your site is actually sending.

In the court’s words

The court found that the serial filer’s pattern “strongly indicates that Plaintiff’s purpose is to harass defendants into coercive settlements.”

Timeline

  1. 2021 to 2026at least 29 proceedings initiated by Shah, per the order.
  2. Jul 20, 2026vexatious-litigant order filed.

Source

The order (C.D. Cal. 2:26-cv-03070, Document 34); Duane Morris alert.

dwt.com · duanemorris.com

Questions

Who is bringing these CIPA cases?

Private repeat plaintiffs filing large numbers of near-identical lawsuits and demand letters. These are private claims brought by plaintiffs, with no government enforcer involved. In July 2026, a federal judge declared one repeat filer, Vivek Shah, a vexatious litigant and required court permission before he files new CIPA or related privacy suits in the Central District of California.

Do you have to do something unusual to get a demand letter?

No. What helps is knowing exactly what your site is sending to third parties, and when.

Private litigation (CIPA)Jun 26, 2026 (final approval)
$3.85M, under appeal

The LA Times CIPA settlement

Three ad trackers, pen-register theory

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