To: XXXXX

Address: XXXXXXX

City: XXXXX State: XX Country: XXXXX

Re: Violations of the California Trap and Trace Electronic Register Statute

To whom it may concern,

This firm represents "Plaintiff') a California consumer who has recently visited your website at www.XXXXX (the "Website"). Based on our investigation, your Website has installed "trap and trace" software in violation of the California Invasion of Privacy Act, California Penal Code 638.51. Plaintiff intends to pursue a class action based on the violations detailed herein.

A. Trap and Trace Processes.

Trap and trace technology captures electronic impulses that identify the ongrnating source of the communication by capturing routing, address, or signaling information. Trap and process technologies are designed to make it reasonably likely to identify the source of an incoming communication. The most common manner by which this occurs is by obtaining information from targets through location, event, and data tracking on smart phones along with and data sharing arrangements with third parties.

The United States Director of National Intelligence has recently explained that "the advancement of digital technology, including location-tracking and other features of smartphones and other electronic devices, and the advertising-based monetization models that underlie many commercial offerings available on the Internet" pose a threat to the individuals and "raises significant issues related to privacy and civil liberties."1 As such, your deployment of trap and trace technologies without consent of website visitors serves to exacerbate problems of significant national concern.

B. California's Trap and Trace Law (Penal Code 638.51).

California law prohibits the installation of a trap and trace device without first obtaining a Court Order. Cal. Penal Code 638.51 ("Section 638.51"). The statute defines a "trap and trace device" as "a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication." Id. 638.50(c).

C. California's Trap and Trace Law (Penal Code 638.51).

Our investigation has revealed that www.XXXXX deploys trap and trace processes in order to identify anonymous users without their consent.

Your use of the above trap and trace processes without obtaining the consent of individuals communicating with your website subjects you to civil liability under California Law. See, Dino Moody v. C2 Educational Systems, lnc., 2024 U.S. Dist. LEXIS 132614 (C.D. Cal. July 25, 2024).

D. Liability of Owner of www.XXXXX

California's Trap and Trace Law is part of the California Invasion of Privacy Act ("CIPA") codified at Cal. Penal Code 630, et. seq. CIPA was enacted due to curb "the invasion of privacy resulting from the continual and increasing use of' certain technologies determined to pose "a serious threat to the free exercise of personal liberties." CIPA extends civil liability for the installation of a trap and trace device. California Penal Code 637.2

California Penal Code § 637.2 provides statutory damages of five thousand dollars ($5,000) per violation as well as injunctive relief. Importantly, "[i]t is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages." 637.2(c) Thus, the above statutory penalties apply all users of your website that have been subjected to a trap and trace process.

Accordingly, our lawsuit shall seek statutory damages and injunctive for Plaintiff and the class in the amount of $5,000 per violation, injunctive relief, and any other relief available under the law.

Despite the conduct detailed above, my client is willing to entertain a pre-litigation resolution of this matter that may better serve the interests of the parties. If you would like to discuss a pre-litigation resolution of this matter, please contact me at the number or e-mail above no later than 01/10/2025

Regards,

Matthew Smith, Esq.

Footnotes:

1 See: https://www.dni.gov/files/ODNl/documents/assessments/ODNI-Declassified-Report-on CAl-Januai:y2022.pdf

2 The director of the National Security Agency ("NSA") and chief of the Central Security Service National Security Agency has recently called TikTok "a platform for surveillance" used for "information operations ...to ensure the PRC's desired end state." https://www.defense.gov/News/News-Stories/Article/Article/3354874/leaders-say-tiktok-is poten tial-cybersecurity-risk-to-us/

VIA UPS

A. Trap and Trace Processes.

B. California's Trap and Trace Law (Penal Code 638.51).

C. California's Trap and Trace Law (Penal Code 638.51).

D. Liability of Owner of www.XXXXX