CRANDALL CONSULTING
Home › Website Tracking Cases › Tanner v. FCA US LLC

Tanner v. FCA US LLC

Published by Crandall Consulting · Informational litigation intelligence · Last substantive update: October 12, 2026

United States District Court for the Eastern District of California
Court
California
Jurisdiction
2026-09-16
Decision Date
Lawsuit
Matter Type

Docket / citation: 2:26-cv-1475 WBS CKD

Risk scores, classifications, statistics, and technical findings are informational guidelines based on observed website behavior and publicly available litigation activity, statutes, court decisions, legal commentary, and other public sources. They are not legal advice, legal opinions, or determinations of liability.

Summary

This website-tracking suit received a mixed pleading ruling: interception and constitutional privacy claims survived, while pen-register, CDAFA, and UCL claims were dismissed. The court allowed amendment rather than entering a final judgment. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/caedce/2%3A2026cv01475/486758/22))

Litigation Status

Litigation pending
Current Status
Mixed
Reported Outcome Direction
Pleading
Ruling Stage
Persuasive
Precedential Weight

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

Motion to dismiss a first amended putative class complaint; amendment permitted until October 15, 2026. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/caedce/2%3A2026cv01475/486758/22))

Reported Holding

Sensitive checkout-data allegations supported Article III standing and survival of ECPA, CIPA § 631(a), and constitutional privacy claims; other claims were dismissed. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/caedce/2%3A2026cv01475/486758/22))

What the Court Decided

The court found communication contents, contemporaneous interception, and the crime-tort exception adequately pleaded. It dismissed the pen-register claim for insufficient specificity and CDAFA/UCL claims for insufficient economic-loss allegations. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/caedce/2%3A2026cv01475/486758/22))

What the Court Did Not Decide

The order did not determine ultimate liability, damages, or class certification. ([docs.justia.com](https://docs.justia.com/cases/federal/district-courts/california/caedce/2%3A2026cv01475/486758/22))

Significance

Neutral / mixed significance. 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

Third parties named or identified in tracked sources: Meta/Facebook, Google, Crazy Egg, Adobe, Microsoft, Dotomi, Xandr/AppNexus, Rocket Fuel/Rfihub, LiveIntent, Pinterest, DoubleClick, Treasure Data, Reddit, Akamai.

Statutes Invoked

Claims Asserted

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

What This Matter May Mean for Website Operators

California Invasion of Privacy Act (CIPA) is an all-party consent statute with a private right of action. Consent standard and private enforceability are the structural features that most shape where website tracking claims are filed and how they are valued.

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 advertising pixels transmit page URLs or hashed form data before a consent choice. Our scanner tests these behaviors empirically.

Because this matter is pending, anything reported here is procedural — allegations and interim rulings, not final determinations.

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

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.

Is Your Website Creating Hidden Tracking Risk?

Scan your site for third-party tracking and potential wiretap exposure. Free, no account required.

Scan My Website