CIPA civil remedies

Where a private claim is available, Penal Code §637.2 provides the greater of $5,000 per violation or three times actual damages. The $2,500 figures appearing in certain criminal provisions are not this civil remedy. Section 637.2 does not itself award attorney fees or punitive damages. Any other remedy needs an independent legal basis. Read §637.2.

Federal remedies

Under the ordinary category in 18 U.S.C. §2520(c)(2), the court may assess the greater of actual damages plus violator profits or statutory damages of the greater of $100 per day or $10,000. This does not guarantee $10,000 for each detected request. Fees and punitive relief are separately addressed in the statute. Read §2520.

Requests are not legal violation units

Tracker counts, request counts, pageviews, visitors, class members and compensable violations measure different things. A traffic estimate does not establish a class. No automated recovery calculator is offered here because its inputs would require unresolved legal and factual assumptions.

Build a counsel-reviewed model

  1. Establish the claim, plaintiff, actionable conduct and operative law.
  2. Identify the compensable unit and supporting authority.
  3. Support each proposed class member and time period with evidence.
  4. Assess certification, consent differences, limitations, arbitration and overlapping recovery.
  5. Separate statutory possibilities, actual damages, litigation cost, collectability and expected recovery.

For BIPA, the 2024 amendment aggregates specified repeat collections by person and collection method, and specified repeat disclosures by person, recipient and method. Other statutes use different rules. BIPA §20.

Standing is a separate inquiry

Popa v. Microsoft (9th Cir. 2025) rejected automatic federal standing from ordinary session-replay shopping data. Fons v. Grocery Outlet (N.D. Cal. Sept. 24, 2026) found an allegedly ignored Reject All choice insufficient on the ordinary-data facts there. Neither a tracker signature nor a broken banner establishes a person's concrete injury. Sensitive data and cross-site profiling require factual proof; a business category is not proof of sensitive disclosure.

Using Discover

Discover supplies technical observations and research questions for attorney review. Historical catalogue entries are not automatically available for purchase. The reviewed-package pilot requires a defined scan, checked artifacts and human review; availability and delivery dates are confirmed individually. View the synthetic sample or discuss a pilot investigation.

Deliberize LLC is a technology company, not a law firm. These materials are not legal advice and do not establish a violation, admissibility, standing, class certification or recovery. Legal reference date: October 5, 2026.