Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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Dental service organization (DSO) Aspen Dental has agreed to pay $18.7 million to resolve claims that it secretly shared web user data with Meta and Google, without obtaining users’ consent or informing them....more
Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more
In an increasingly data-driven digital landscape, businesses are constantly seeking tools to better understand and optimize user experiences. One such tool is session replay—a powerful technology that allows organizations to...more
An increasingly aggressive plaintiffs’ bar has brought purported class action suits based on the nearly ubiquitous use of tracking technologies used for website analytics. Although any actual harm to the plaintiffs is...more
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more
In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more
On June 3, 2025, the California Senate unanimously voted to amend the California Invasion of Privacy Act (“CIPA”) to exclude cookies and other commonly used internet tracking technologies from CIPA under certain...more
Enacted in 1988, the Video Privacy Protection Act (VPPA) was intended to regulate the then-booming videotape industry by limiting how video rental and sales data is disclosed. The law was enacted in direct response to the...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more
A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more
Countless hours are being spent categorizing cookies and other tracking technologies to work with consent management platforms, part of a purpose-built industry aiming to help companies deal with the increasingly complex and...more
The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more
Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more
The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on October 15, 2024, alleging violations of the Video Privacy Protection Act...more
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
What You Need To Know In A Minute Or Less - The rise in session replay litigation has paved the way for a new wave of website privacy lawsuits: pixel tool litigation. Plaintiffs have increasingly challenged the use of this...more
What You Need to Know in a Minute or Less - For most businesses today, a website is a necessary tool for interacting with customers and marketing products and services. Businesses know the importance of understanding how...more