Judge Jacqueline Scott Corley, of the Northern District of California, dismissed a putative class action as the CIPA claims were time-barred.
Background. Pemberton alleged that Burger King continued transmitting his data to third parties through its website after he rejected tracking cookies. He asserted CIPA wiretapping and pen-register claims, which the court had previously dismissed as untimely with leave to amend.
The Court’s Analysis. Pemberton argued that equitable tolling applied because he pursued arbitration before filing suit. The court held that his nearly ten-month delay after the arbitrator directed the matter to court was neither reasonable nor undertaken in good faith. Settlement discussions and litigation strategy did not excuse the delay, leaving the claims outside CIPA’s one-year limitations period.
Significance. California employs a fact-intensive test for equitable tolling and requires timely notice, lack of prejudice to the defendant, and reasonable and good faith conduct. The ruling underscores that equitable tolling requires diligence after an alternative proceeding ends. Informal settlement discussions generally won’t preserve CIPA claims that are otherwise time-barred.
Pemberton v. Rest. Brands Int’l, Inc., No. 25-CV-03647-JSC, 2026 WL 1283383 (N.D. Cal. May 11, 2026).
