Javier v. Assurance IQ; Greenley v. Kochava

Published by Crandall Consulting · Informational litigation intelligence · Last substantive update: September 15, 2026

Summary

Industry summary of mid-2026 California litigation under CIPA describing two reported decisions: Javier (9th Cir.) rejecting after-the-fact consent, and Greenley (S.D. Cal.) finding the term 'process' can encompass software for pen-register claims. The page reports a surge in §638.51 filings with mixed procedural outcomes and notes possible legislative responses.

Litigation Status

Status, direction, and weight describe how tracked public sources characterize this matter as of our last review — they are informational classifications, not legal assessments.

Procedural Posture

Industry summary reports a large surge in filings (noting §638.51 claims rose dramatically), a mix of class actions settling for millions, many near-identical complaints dismissed with prejudice, and ongoing appellate decisions and potential legislative change.

Reported Holding

According to the source, the Ninth Circuit in Javier held that consent obtained after an interception begins does not constitute consent under CIPA (§631(a)), and a federal district court in Greenley reasoned that the statute's term 'process' can cover software, enabling pen register-style claims under §638.51 against tracking technologies.

What the Court Decided

The article reports that Javier (9th Cir.) rejected after-the-fact consent as valid under CIPA and that Greenley (S.D. Cal.) found the statutory language broad enough to encompass software processes like trackers as pen registers.

What the Court Did Not Decide

The source indicates courts remain divided and have not uniformly resolved whether specific web tracking tools always meet CIPA's definitions; some complaints have been dismissed with prejudice while other cases or settlements proceeded.

Significance

Generally viewed as plaintiff-favorable. Characterizations of significance describe how the matter has generally been discussed in tracked public sources; individual holdings are often narrow, procedural, or fact-specific, and this page does not state or imply broader holdings than the sources support.

What This Page Does and Does Not Say

This page reports what our tracked public sources say about this matter — including, where identified, the procedural posture (for example, a ruling on a motion to dismiss is not a final merits decision). It does not report legal conclusions beyond those sources, does not predict outcomes, and does not constitute legal advice.

Technologies at Issue

• session replay
• analytics scripts
• pixels
• SDKs
• cookies
• device fingerprinting
• chat widgets
• form inputs
• form input transmission

Third parties named or identified in tracked sources: Assurance IQ, Kochava.

Statutes Invoked

• Cal. Penal Code §§ 630–638.55; §637.2; §631(a); §638.51
• Cal. Penal Code §§ 630–638.55; §631(a); §638.51; §638.50; §637.2
• Cal. Penal Code §§ 630–638.55; §631(a); §638.51; §637.2

Claims Asserted

Claims identified in tracked public sources; pleadings may include additional or amended claims.

• Cal. Penal Code §631(a) (wiretapping/interception)
• Cal. Penal Code §638.51 (pen register/trap-and-trace)
• Cal. Penal Code §637.2 (private right of action/statutory damages)

What This Matter May Mean for Website Operators

For operators using similar technologies, the recurring factual questions in matters like this one are when session recording begins relative to consent and whether input masking covers every field; whether chat transcripts or typing previews transit a vendor's servers before the visitor presses send; whether advertising pixels transmit page URLs or hashed form data before a consent choice; what page URLs and query strings analytics tools share with third parties. Our scanner tests these behaviors empirically.

Detection of a similar technology on a website is an informational risk indicator, not a legal conclusion, and nothing in this section is legal advice.

Related Intelligence

Sources

• CIPA Website Tracking Lawsuits: What a ‘Pen Register’ Claim Is, Who’s Being Sued, and How to Defend Your Website — Captain Compliance · Tier D (Industry data) · 2026-07-20
• Javier v. Assurance IQ; Greenley v. Kochava — Crandall Consulting · Tier D (Industry data) · 2026-08-23

About This Page

Publisher: Inspection-Ready Institute, Inc. (DBA Crandall Consulting), an independent website compliance and risk consultancy. We are not a law firm and nothing on this page is legal advice.

How this content is produced: Facts are extracted from publicly available sources — court and government materials, recognized legal press, professional analysis, and industry reports — by our litigation intelligence engine, stored with full source provenance, and rendered from the database. Risk guidelines are computed by a deterministic formula, never by an AI model directly. See the full methodology.

Limitations: Counts labeled "Tracked" reflect matters identified in our source set and are not official court statistics. We report what courts decided and did not decide; we do not predict outcomes.

Corrections: If you believe anything on this page is inaccurate, contact us via the contact page and we will review the underlying sources promptly.