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“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim

By Gina Perrucci & Matthew Verdin on May 2, 2025
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Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs.  These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for those alleged violations.  A California federal court recently confirmed that a CIPA plaintiff’s “status as a tester forecloses standing” for a simple reason: a tester “actively seeks out privacy violations” and therefore “cannot claim an injury when her expectations were ultimately met.”  Rodriguez v. Autotrader.com, Inc., 2025 WL 1085787, at *1 (C.D. Cal. Apr. 4, 2025).

This lawsuit was filed by plaintiff Rebeka Rodriguez, a self-proclaimed “tester” plaintiff who previously filed at least two other unsuccessful CIPA suits, which we reported on here and here. Plaintiff alleged that she visited Defendant Autotrader’s website and “performed a search containing sensitive information,” and that Autotrader used a third-party tool installed on the website “to access, record, and disclose Plaintiff’s information” without consent.  She claimed the website tool was a “pen register,” and that Autotrader’s use of that tool to allegedly collect her information violated CIPA’s pen register provision.  See Cal. Penal Code § 638.51.

The Court dismissed plaintiff’s claim with prejudice, concluding that “dismissal is warranted for lack of standing[.]”  For a claim brought under CIPA, standing requires plaintiff to demonstrate a “reasonable expectation of privacy” over the allegedly collected “sensitive information” entered on Autotrader’s website.  Plaintiff’s status as a tester forecloses standing, the Court reasoned, because she “visited and entered information into Defendant’s website expecting the information to be accessed, recorded, and disclosed.”  In other words, plaintiff “cannot claim an injury” sufficient to confer standing “when her expectations were ultimately met.”  Plaintiff argued that she visited Autotrader’s website not only as a tester, but also to use Autotrader’s services, but the Court rejected this “dual motivations” argument as irrelevant.  “[I]t does not change the fact that she expected her privacy to be invaded, thereby negating any injury.”

Gina Perrucci

Gina Perrucci is a litigator with a focus on class actions and commercial litigation. She works with enterprise clients across technology, financial services, and life sciences industries in complex, high-stakes matters in state and federal court involving breach of contract and consumer protection…

Gina Perrucci is a litigator with a focus on class actions and commercial litigation. She works with enterprise clients across technology, financial services, and life sciences industries in complex, high-stakes matters in state and federal court involving breach of contract and consumer protection claims. Gina also advises on Internet privacy litigation under federal and state wiretapping laws.

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Photo of Matthew Verdin Matthew Verdin

Matthew Verdin focuses on defending clients in the technology and financial services sectors. He has a strong record of delivering wins on behalf of clients in class actions and complex litigation, particularly in privacy and consumer protection lawsuits. Matthew is particularly successful in…

Matthew Verdin focuses on defending clients in the technology and financial services sectors. He has a strong record of delivering wins on behalf of clients in class actions and complex litigation, particularly in privacy and consumer protection lawsuits. Matthew is particularly successful in securing dismissals at the pleadings stage. For example, he won dismissal at the pleadings stage of over a dozen wiretapping class actions involving the alleged use of website analytics tools to collect data about users’ website visits. He also advises companies on managing litigation risk under federal and state wiretapping laws.

Matthew is also dedicated to pro bono legal services. Recently, he helped a domestic violence survivor win a case in the California Court of Appeal. Matthew’s oral argument led to the court ordering renewal of his client’s restraining order just one day later.

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  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Inside Class Actions
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

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