Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations more important.
In July 2023, a Southern District of California District Court denied a motion to dismiss in Greenley v. Kochava, 2023 WL 4833466 (S.D. Cal. July 27, 2023), in which the plaintiff argued a SDK developer violated California laws that prohibited use of a “pen registry” and “tap and trace” device by building into the SDK code that forwarded location information to the SDK developer.Continue Reading Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different results