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Javier v. Assurance IQ

The Ninth Circuit rejected retroactive consent as the basis for dismissal. The memorandum concerns recording before the user reached the final privacy-policy consent screen.

US Court of Appeals, Ninth Circuit · CIPA §631

Case record

Authority or court
US Court of Appeals, Ninth Circuit
Law or issue
CIPA §631
Case number
21-16351
Procedural record
Dismissal reversed and remanded; unpublished memorandum
Opinion or order
31 May 2022
Source reviewed
16 October 2026

What this record establishes

This page describes the cited opinion or order. A dismissal, pleading decision, standing ruling or jurisdiction decision has a different scope from a merits judgment. Later proceedings and appeals may change the position. Unpublished and nonprecedential decisions are identified in the status where applicable.

Checks for your own systems

Inth’s technical interpretation: use this case to choose what evidence to collect in your own implementation. These checks are not instructions issued by the court or regulator.

  • Record the first request or capture alongside the time a user makes a choice.
  • Check client scripts, tag-manager rules and server events for collection before the consent decision.
  • Repeat after refusal, withdrawal, navigation and a fresh session.
  • Map every session-replay and chat vendor, including embedded frames and server relays.
  • Compare what the site receives with what each vendor can receive, read, retain and use independently.

Sources and limits

Source review: 16 October 2026. This record covers the cited source and procedural stage. It does not audit the organisation’s present implementation or establish every later legal development.