Tesla Seeks Dismissal of CIPA Class Action in Tracking Pixels Case
Tesla asked a federal court Thursday to drop a California Invasion of Privacy Act (CIPA) class action claiming the carmaker unlawfully used tracking technologies on its website, calling the plaintiff’s allegations “unpersuasive.”
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The plaintiff “largely misunderstands the governing case law” about standing and didn't "suffer actionable intrusion on seclusion ... [or] a ‘loss-of-control injury,’” the company told the U.S. District Court for Central California. Additionally, “alleged unjust enrichment” isn't actionable in this context, it said.
Further, “he does not allege that a pixel tracker operates analogously to a trap-and-trace device or pen register,” which means he has failed to state a claim needed to allege violations of CIPA, said Tesla.
In case 5:25-cv-01982, plaintiff Peter Dawidzik said Tesla collects user information such as IP addresses, pages visited, mouse movements and even geolocation based on IP from the trackers, which is then used for marketing, despite a lack of consent from himself and other users.
Tesla had asked the court to drop the CIPA pixels case at the beginning of October (see 2510060034), but Dawidzik filed an amended complaint a few weeks later (see 2510170036).