Introduction

Serial litigants often send templated demand letters to real estate professionals, claiming that standard website analytics tools like Google Analytics violate California's Invasion of Privacy Act (CIPA). These letters typically demand up to $50,000, with settlements commonly ranging between $5,000 and $15,000.

Lofty believes the legal theory behind these demands is meritless. CIPA's pen register provisions were designed to regulate telephone surveillance, not commercial website analytics. Lofty has researched this issue thoroughly, is confident in the compliance of its platform, and has established this program to ensure no Lofty customer faces this threat alone.

Who Is Eligible?

Existing Lofty clients: Any active Lofty client whose website is built and hosted on the Lofty platform and who has received a CIPA-related demand letter targeting that website.

New clients: Real estate professionals currently on a competing platform who have received a CIPA demand letter and are willing to migrate to Lofty. Eligibility begins upon execution of a Lofty service agreement.

Coverage applies to demand letters and litigation arising from the use of Lofty's standard, platform-provided analytics tools on Lofty-hosted websites.

What's Included?

Demand Letter Review — Lofty's legal team will review any qualifying demand letter and provide a written assessment within five (5) business days.

Response Drafting — Lofty will prepare and send a substantive response to the demand letter on behalf of the customer, asserting the legal and factual defenses available under current California law.

Legal Representation — If the claimant proceeds to file a formal complaint, Lofty will retain and coordinate qualified legal counsel to defend the customer in court at no cost to the customer.

Case Updates — Clients will receive regular updates on the status of their matter throughout the process.

No Settlement Pressure — Lofty's position is that these claims lack merit. Lofty will not encourage clients to settle and will pursue dismissal as the primary goal.

How It Works

1. Contact Lofty — Complete this form. Attach a copy of the demand letter you received, your account information, and the date the letter was received.
2. Eligibility Confirmed — Lofty will confirm that the demand relates to a Lofty-powered website and that the claim falls within program scope — typically within two (2) business days.
3. Legal Review — Lofty's legal team reviews the specific allegations and documents the technical facts of your website configuration.
4. Response Issued — A formal response is sent to the claimant on your behalf, asserting that the claim is without merit and that Lofty stands behind its platform.
5. Litigation (If Filed) — If a complaint is filed, Lofty retains legal counsel and manages the defense. You remain informed throughout but are not responsible for legal fees.

What Is Not Covered?

This program covers claims arising from Lofty's standard platform-provided tools only. It does not cover:

• Third-party tools or custom integrations added by the client or a third-party developer outside of Lofty's standard configuration
• Claims not under CIPA
• Claims arising from client actions taken after receiving notice of non-compliance

Contact

Received a demand letter? Reach out immediately. Please complete this form.

This article is provided for informational purposes only and does not constitute legal advice. Program terms subject to change.