News & Analysis as of

Web Tracking Data Collection

Seyfarth Shaw LLP

CIPA’s Cookie Exception Bill (SB 690) Referred to Suspense File & Hearing

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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

Snell & Wilmer

Ninth Circuit Substantially Expands Personal Jurisdiction Over E-Commerce Businesses in Briskin v. Shopify

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On April 21, 2025, the United States Court of Appeals for the Ninth Circuit, sitting en banc, issued a decision in Briskin v. Shopify, Inc. substantially broadening the exercise of personal jurisdiction over online businesses...more

Amundsen Davis LLC

What a Tracking Technology Class Action Lawsuit Can Teach Financial Institutions

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Financial institutions that use code-based tracking technologies may soon find themselves facing increased scrutiny and legal exposure as the next wave of class action litigation begins. On December 19, 2024, a member of...more

Klein Moynihan Turco LLP

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more

Robinson+Cole Data Privacy + Security Insider

The VPPA: The NBA and NFL Ask SCOTUS to Referee

On April 22, 2025, the National Football League (NFL) filed an amicus brief asking the United States Supreme Court to take on a Video Privacy Protection Act (VPPA) class action case against the National Basketball Association...more

Coblentz Patch Duffy & Bass

Second Circuit Limits VPPA Claims Regarding Meta Pixel Data Collection in Solomon v. Flipps Media: A Win for Companies Using...

In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy...more

Array

This Week in eDiscovery: Motion for Tracking Cookies Crumbles

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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

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Kelley Drye & Warren LLP

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more

Baker Donelson

Recent CCPA Decision Portends Potential Expansion of Class Action Liability Exposure For Cookies, Pixels, and Tracking...

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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

Eversheds Sutherland (US) LLP

Proposed CIPA amendment may stem the tide of CIPA class actions

In a prior alert, we predicted an uptick in class action complaints brought under the California Invasion of Privacy Act (CIPA) alleging that modern website analytical tools such as pixels, cookies and session replay software...more

Robinson+Cole Data Privacy + Security Insider

The VPPA: An Old Law with New Streams

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

Vedder Price

Opening Door to Universal Jurisdiction in Internet Cases, En Banc Ninth Circuit Finds Specific Personal Jurisdiction Over Shopify

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On April 21, 2025, a Ninth Circuit en banc panel revived (by a 10-1 decision) a putative class action against Shopify, Inc. alleging violations of privacy and data rights via use of cookies. In reversing both the district...more

Baker Botts L.L.P.

CCPA Class Actions Without a Data Breach; Courts Signal a New Litigation Frontier.

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Two recent decisions from the Northern District of California—Shah v. Capital One Financial Corp., No. 24-cv-05985-TLT, 2025 WL 714252 (N.D. Cal. Mar. 3, 2025), and M.G. v. Therapymatch, Inc., No. 23-cv-04422-AMO, 2024 WL...more

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

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Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

CDF Labor Law LLP

Navigating CIPA: Recent Court Decisions and Potential Legislative Reform

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Companies doing business in California continue to face a surge in privacy-related complaints and lawsuits under the California Invasion of Privacy Act (CIPA), a 1960s-era law designed to prevent unlawful telephone...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

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

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

Klein Moynihan Turco LLP

Pacific Trial Attorneys CIPA Demands

Readers of this blog know about the never-ending barrage of consumer privacy litigation commenced against online companies in connection with their collection of consumer data. Several of these cases have recently been filed...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

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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

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

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