November 10, 2026
As lawsuits over license plate surveillance mount across the country, Reuters and the Daily Journal turned to Gibbs Mura partner David Berger to discuss the firm’s class actions against Axon Enterprise and Motorola Solutions. The suits allege that the companies’ automated license plate reader (ALPR) cameras collect drivers’ location information without maintaining the privacy policies California law requires.
Gibbs Mura filed the suit against Axon on November 3 in federal court in San Francisco, on behalf of two drivers who allege Axon collected and shared their vehicle and location information. California’s Automated License Plate Recognition Privacy Act requires ALPR operators to publish policies explaining how the information they collect is used, retained, protected, and shared. David told the Daily Journal that Axon lacks the required policy, even as it markets itself to cities as an alternative to Flock Safety amid growing public scrutiny of license plate surveillance.
“Axon is selling itself to cities as kind of a reasonable alternative to Flock, but they’re not taking responsibility by establishing policies and following those policies as required under the law,” David told the Daily Journal.
The lawsuit seeks damages, a declaratory judgment that Axon violated California law, and an injunction against the alleged practices. A case management conference is set for February 3, 2027, before U.S. Magistrate Judge Peter H. Kang.
“People have a right to know who is tracking their movements and what is being done with that information,” David told Reuters.
Read the full Reuters article here: https://www.reuters.com/legal/government/flock-lawsuits-test-legal-limits-license-plate-reader-networks-2026-11-09/
Read the full Daily Journal article here: https://www.dailyjournal.com/article/395911-axon-accused-of-violating-license-plate-privacy-law
About David Berger
David Berger is a partner at Gibbs Mura who focuses on data breach and privacy litigation. He served as co-class counsel in the Equifax Fair Credit Reporting Act litigation, which produced a $100 million settlement, the largest in the statute’s history, and was appointed interim co-lead class counsel in the MGM Resorts data breach litigation, which resolved for $45 million.