News & Analysis as of

Cookies Web Tracking Privacy Laws

Parker Poe Adams & Bernstein LLP

Court Expands Scope of Private Actions Under California Consumer Privacy Act to Include Pixel Tracking Practices

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

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

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

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

Ice Miller

The Continuing Saga of Ad Tracking Litigation: What Businesses Need to Know

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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

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

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

Dechert LLP

Dechert Cyber Bits - Issue 70

Dechert LLP on

UK Data Regulator Expands Cookie Compliance Review Across the UK’s Top 1,000 Websites - The UK Information Commissioner's Office (“ICO”) has announced an expanded review of advertising cookie practices to encompass the...more

McDermott Will & Emery

Data Privacy and Cybersecurity in 2025: Website Tracking

McDermott Will & Emery on

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

WilmerHale

New Congress Expected to Zoom to Private Sector Investigations

WilmerHale on

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

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

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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

WilmerHale

Web Trackers Pose New Regulatory, Legal Headaches for Companies

WilmerHale on

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

Fisher Phillips

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Fisher Phillips on

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

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

King & Spalding

N.Y. Attorney General Issues Guidance for Internet Privacy Tools

King & Spalding on

On July 15, 2024, the Office of the New York State Attorney General (OAG) announced new guidance regarding the use of cookies, tags, and other online user information tracking tools. Although New York does not yet have a...more

Sheppard Mullin Richter & Hampton LLP

NY AG Releases Website Privacy Guides for Businesses and Consumers

New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more

Husch Blackwell LLP

New York Attorney General Publishes Website Privacy Controls Guidance

Husch Blackwell LLP on

Keypoint: Although New York lacks a consumer data privacy law, the New York Attorney General’s office has taken the position that New York’s consumer protection laws require entities to implement certain tracking technology...more

BakerHostetler

Cookies, Pixels, Tags, Scripts, SDKs: What Are They Really, and What’s All the Fuss About?

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If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

Benesch on

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Clark Hill PLC

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

Clark Hill PLC on

2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

McDermott Will & Emery

EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

McDermott Will & Emery on

Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more

BCLP

Cookies Banners and Beyond: How to Avoid Common Mistakes

BCLP on

The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more

Womble Bond Dickinson

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand...

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California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this...more

Eversheds Sutherland (US) LLP

A blockbuster privacy law? VPPA’s scope remains unclear

Enacted in in 1988 after Judge Robert Bork’s video rental history was leaked by a store clerk and published in a newspaper profile about the Supreme Court nominee, the Video Privacy Protection Act (VPPA) was the result of...more

BakerHostetler

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three

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Welcome to the third installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...more

ArentFox Schiff

Consumer Protection In The New Economy: Privacy Cases In E-Commerce Transactions or Social Media Activities

ArentFox Schiff on

As we face mounting data breaches and fears over loss of privacy, the article notes that, “as the public opinion evolves and increasingly concludes that merely possessing private data puts consumers at risk, consumers may...more

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