Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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On September 9, 2025, California Attorney General Rob Bonta, together with the California Privacy Protection Agency and the Attorneys General of Colorado and Connecticut, announced a joint enforcement sweep targeting...more
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
Though recently stalled, California legislators have been taking steps over the past few months to address the surge of "pixel-tracking" lawsuits impacting businesses. ...more
Recent regulatory actions and court decisions highlight growing uncertainty over whether sharing article title data from webpages amounts to disclosure of sensitive health information under privacy laws....more
When we speak to clients about online privacy issues, they almost always mention the CCPA – California’s Consumer Privacy Act that regulates the collection and use of personal data. But unless they have already faced a...more
The UK Information Commissioner’s Office has launched two consultations as part of the transition to the Data User and Access Act framework. These consultations will be of particular interest to organisations operating...more
- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...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
In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...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
On May 19, 2025, the California Senate Appropriations Committee, which handles budgetary and financial matters, held a hearing on California Senate Bill 690 (SB 690). The proposed bill would amend the California Invasion of...more
California Senate Bill 690 (SB 690), introduced by Senator Anna Caballero, is continuing to proceed through the California state legislative process. The proposed bill would amend the California Invasion of Privacy Act (CIPA)...more
In a recent decision, the U.S. District Court for the Northern District of California has construed the private right of action provision under the California Consumer Privacy Act (CCPA) broadly, which increases business risk...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of April 27-May 3. Here’s what’s...more
Wild, wild, west? Web tracking may be the new frontier in class action litigation. With thousands of lawsuits filed in California and increasingly in other states against organizations, including many who may not realize the...more
On March 3, 2025, the U.S. District Court for the Northern District of California issued a significant ruling that has the potential to broaden the risk of liability under the California Consumer Privacy Act (CCPA). ...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
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more
Recent months have seen a dramatic increase in demand letters and litigation targeting websites and mobile apps. These claims often allege privacy violations stemming from the use of various technologies such as chat bots,...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
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
Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. The 119th Congress brings new...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
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. Gone are the days where marketing...more