News & Analysis as of

Privacy Policy Web Tracking

Robinson+Cole Data Privacy + Security Insider

CIPA Demand Letters Are Here to Stay; Reducing Risk from Chat, Session Replay, and Analytics

Until California’s legislature provides clearer guardrails, companies should expect continued class action activity under the California Invasion of Privacy Act (CIPA), targeting common website tracking technologies....more

Klein Moynihan Turco LLP

Consent Defeats Wiretapping Claims

As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to a proliferation of lawsuits alleging that...more

Robinson+Cole Data Privacy + Security Insider

What the Adidas CIPA Decision Means for Website Operators

Businesses that run consumer-facing websites have spent the past several years contending with a steady stream of California Invasion of Privacy Act (CIPA) demands and class actions aimed at everyday digital tools such as...more

Fisher Phillips

Is Florida the New Hotbed for Digital Wiretapping Lawsuits? 6 Steps You Can Take to Minimize Your Risk

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Florida has suddenly become flooded with “digital wiretapping” lawsuits or demand letters targeting companies that use standard tracking technologies on their websites or in marketing emails. While historically many of these...more

McCarter & English, LLP

Who, Me? A Wiretapper? Common Website Activities May Subject Your Business to Demands Under the California Invasion of Privacy Act

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Does your company operate a website and do business in California? If so, you may soon receive (if you have not already) a letter from a law firm on behalf of a California resident aggrieved by your alleged violation of the...more

Warner Norcross + Judd

A Word of Caution: Wiretap Lawsuits Continue to Plague Website Owners

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Over the last several years, plaintiffs’ attorneys and other individuals have used antiquated wiretapping laws, including California’s 1967 wiretapping act, to allege that businesses with websites utilizing third parties and...more

Fisher Phillips

Court Allows CIPA Claim Involving Third-Party Pixels To Proceed, Ignores Contrary Case Law: What Your Business Needs To Know

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Businesses may be feeling a bit of whiplash from a recent federal court ruling on California’s wiretapping law and should be on alert for whether their website tracking technology could be used to file a viable lawsuit. On...more

Jackson Walker

CIPA Claims Surge: What Every Company with a California-Facing Website Must Know

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Claimants are reviving a 1960s-era wiretapping law to challenge common website tracking tools – including pixels, session replay, chat widgets, and more. Data privacy and compliance professionals navigate an increasing number...more

Lathrop GPM

Data Privacy: Looking Behind the Curtain

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While it’s common for companies to think that simply having a data privacy policy is enough to meet privacy law requirements, a strong privacy program involves much more than what’s visible on the “stage.” Behind the curtain,...more

Fisher Phillips

Judge Tosses California Digital Wiretapping Claim: Here’s the Good News + Lessons for Businesses

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A federal judge in San Francisco just gave website operators a major win, calling the California Invasion of Privacy Act “a total mess” – but the ruling also highlights major privacy risks businesses still face nationwide....more

Foster Garvey PC

Understanding CIPA: California’s Expanding Website Privacy Law

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California’s Invasion of Privacy Act (CIPA) was enacted in 1967 to prevent unlawful wiretapping. Nearly sixty years later it is being used in a new way: to challenge how websites collect and share user data. Today,...more

Fox Rothschild LLP

CPPA Issues $1.35 Million Fine: What You Need to Know

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The California Privacy Protection Agency (CPPA) recently issued a $1.35 million fine against a California business for privacy law violations. They also issued a detailed multi-year compliance plan....more

Woods Rogers

Privacy Policy Lessons After Google App Data Verdict

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After a three-week trial, on Sept. 3, a California federal jury found Google liable for two California law-based claims in invasion of privacy and common-law inclusion upon seclusion. The class action, Rodriguez v. Google...more

Husch Blackwell LLP

Healthcare Website Tracking: Lessons from Four Recent ECPA Rulings

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Four federal courts issued decisions in August involving claims that healthcare companies violated the Electronic Communications Privacy Act (ECPA) by deploying tracking technologies—such as the Meta Pixel and Google...more

Loeb & Loeb LLP

The NAI Sunsets Its Legacy Opt-out Tools

Loeb & Loeb LLP on

As of September 15, 2025, the NAI has discontinued its cookie- and email-based opt-out tools. Companies should update their privacy policies accordingly, as links to the NAI tool will no longer function....more

Constangy, Brooks, Smith & Prophete, LLP

Privacy Under Fire: Lessons from recent cases

No more “checking the box.” Privacy policies should no longer be boilerplate for organizations that handle consumer data. Although the policies may be viewed by some organizations as an unimportant “box to check,” they are...more

Klein Moynihan Turco LLP

Email Tracking CIPA Wiretapping Victory!

Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those...more

Fisher Phillips

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

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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

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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

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

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A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

McGuireWoods LLP

Broad Interpretation of CCPA’s Private Right of Action Increases Business Risk to Tracking Technologies Lawsuits

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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

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

Fisher Phillips

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

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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

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

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2025

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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

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