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Web Tracking Consumer Privacy Rights Data Privacy

Morrison & Foerster LLP

Recent Developments in VPPA Litigation: Where We Were, Where We Are, and Where We’re Going

VHS rental stores may be long gone, but the Video Privacy Protection Act (VPPA)—a law born in that era—remains surprisingly relevant. Today, courts across the country are wrestling with how the VPPA applies to modern digital...more

Ice Miller

Heightened Ad Tracking Risks After Jury Verdict Against Meta

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A recent California federal jury verdict against Meta Platforms Inc. has sent a clear message to businesses: tracking technologies can pose serious legal and reputational risks if not deployed responsibly. ...more

Rivkin Radler LLP

Aspen Dental Settles Data-Sharing Class Action

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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

Klein Moynihan Turco LLP

Meta Pixel Case Survives Motion to Dismiss

Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege...more

Fisher Phillips

California Businesses Score Another Key Privacy Win: 3 Things Your Business Should Do After Latest CIPA Court Decision

Fisher Phillips on

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

Troutman Pepper Locke

Healthline Proposed Settlement Informs Businesses of What Not to Do

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On July 1, California Attorney General (AG) Rob Bonta announced a significant proposed settlement with Healthline Media LLC (Healthline) — a prominent website publisher of health information and wellness articles. The...more

Loeb & Loeb LLP

Understanding Session Replay: Legal Risks and How to Mitigate Them

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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

Ropes & Gray LLP

Pixel Litigation Risk at Financial Institutions

Ropes & Gray LLP on

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

Fisher Phillips

California Proposal to Curb Website Cookie Litigation Stalls for This Year: What 3 Things Should Your Business Do?

Fisher Phillips on

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

Fisher Phillips

Healthline to Pay $1.55M for Alleged CCPA Violations: Key Lessons for Businesses from Largest Settlement Yet

Fisher Phillips on

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

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

Fisher Phillips on

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

Robinson+Cole Data Privacy + Security Insider

When Satire Meets Statute: The Onion’s VPPA Class Action

Video Privacy Protection Act (VPPA) class action lawsuits have been on the rise, and the owner of the The Onion, a popular satire site, finds itself the subject of a recent one. On May 16, 2025, a plaintiff-initiated...more

Neal, Gerber & Eisenberg LLP

Tips to Reduce Risk of Exposure to UID2 Class Actions

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

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

Fisher Phillips on

In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Robinson+Cole Data Privacy + Security Insider

Yahoo ConnectID Faces Class Action Over Email Address Tracking as Alleged Wiretap Violation

Yahoo’s ConnectID is a cookieless identity solution that allows advertisers and publishers to personalize, measure, and perform ad campaigns by leveraging first-party data and 1-to-1 consumer relationships. ConnectID uses...more

Sunstein LLP

Web Trackers May Violate Privacy Statutes That Predate the Internet

Sunstein LLP on

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

Klein Moynihan Turco LLP

CIPA Claims and GET Requests

While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) How a privacy policy can defeat a plaintiff’s “delayed discovery” argument; (2) Two CA state courts reject plaintiffs’ allegations concerning personal jurisdiction; (3) Three courts dismiss PR/TT...more

Robinson+Cole Data Privacy + Security Insider

Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?

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

WilmerHale

Year in Review: 2024 Web Tracking Litigation and Enforcement

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In 2024, plaintiffs across the United States filed various class action cases related to web tracking technology employed by companies to enhance user experience on their websites and to improve the efficacy of their...more

Mintz

Session-Replay Class Action Tossed by the Eighth Circuit

Mintz on

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

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

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

WilmerHale

2024 Year in Review: Video Privacy Protection Act Litigation Trends

WilmerHale on

The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

Fisher Phillips on

Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

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