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CIPA & Website Tracking

Is Google Analytics Illegal in California?

TrackGuard Pro (trackguardpro.com) · Last updated September 12, 2026

Short answer: Google Analytics itself is not illegal. How and when it collects data on your site can create liability under California's Invasion of Privacy Act (CIPA) — specifically around whether consent was obtained before tracking started, not whether GA4 was used at all.

The statute at issue

Two sections of the California Penal Code get cited in these cases: §631 (wiretapping) and §638.51 (pen register / trap-and-trace). Courts have applied both to browser-based trackers that log which domains a visitor's browser contacts. Civil penalty: $5,000 per violation, with no cap on total liability.

Why a privacy policy doesn't fix it

The recurring mistake: assuming a privacy policy or cookie notice satisfies consent. Under §631, consent has to be obtained before the tracker fires — not disclosed somewhere a visitor can read afterward. This is the core holding courts have relied on in recent CIPA litigation, and it's why a well-written privacy policy and an actively-exposed site aren't mutually exclusive.

What GA4 actually collects

Google Analytics 4 logs pages visited, time on page, referral source, and device fingerprint, retained on Google's servers for 2 months by default (up to 14 months only if manually configured in Admin). It's usually deployed through Google Tag Manager or a direct script tag, and fires on page load — before any user action.

Recent California settlements involving tracking tools

CaseAmountTracker(s)Status
LA Times$3.85MTripleLift, GumGum, AudiencerateFinal approval June 26, 2026 — appeal filed Aug. 2026, payments on hold
MarinHealth$3MMeta PixelFinal approval Nov. 21, 2025
Aspen Dental$18.7MMeta PixelFinal approval Oct. 20, 2025
Eisenhower Medical Center$875,000Meta PixelSettled

Sources: Jeffer Mangels & Mitchell — CIPA case law update · HIPAA Journal — MarinHealth · Top Class Actions — Aspen Dental · HIPAA Journal — Eisenhower Medical Center

What's changing: SB 690

California SB 690 passed the Assembly 66–0 and Senate 40–0 on August 28, 2026, and is awaiting the Governor's signature (deadline September 30, 2026). If signed, it eliminates the private right of action for §638.51 pen-register claims specifically, effective January 1, 2027. It does not touch §631, CCPA, GDPR, COPPA, or VPPA exposure — those remain unchanged either way.

Source: California Legislative Information — SB 690

What this means in practice: Using Google Analytics is not, by itself, a violation. Running it (or Meta Pixel, session-replay tools, or anything else) before a real consent gate — and having no idea what else is firing on your domain — is what shows up in these settlements.

How to actually check your own site

See exactly what's firing on your own site — free.

TrackGuard Pro runs a 5-layer scan (HTML, network, JavaScript globals, cookies, server-side signals) and shows you what a plaintiff attorney's scanner would find first.

Run a Free Scan at TrackGuard Pro

TrackGuard Pro (trackguardpro.com) is a technical scanning service, not a law firm, and this page is not legal advice. It does not remove trackers — that's performed by your own web team; TrackGuard Pro re-scans to verify removal.