Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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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
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
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
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
Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of...more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
This week, the New York Attorney General issued two privacy guides—one for businesses and one for consumers—outlining online tracking and privacy controls for websites and browsers....more
Future LLC, a magazine and website publisher and owner of the TechRadar.com website, faces allegations that it collected website visitors’ IP addresses without consent in violation of the California Invasion of Privacy Act...more
Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more
As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. 2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more
This breakout series will discuss the latest U.S. privacy compliance programs, and how trends such as sale opt-out and cookie banners are part of the “data revolution”. The series will also cover the intersection of...more
Numerous new website technologies and tools allow companies to more effectively interact with their customers. These include chatbots, session recording software, tracking pixels (snippets of code that can be used to identify...more
In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...more
What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more
Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise - In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the...more
Following a recent decision, the Third Circuit Court of Appeals breathed new life into Pennsylvania consumer claims that the practice of tracking a customer’s movements on a company’s website violates Pennsylvania’s...more
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more
I don’t know much about dating apps. I met my husband decades ago, long before the Internet, and the old-fashioned way—in college. But I know people who have used them, have been happy with them, have found their life partner...more
On February 20th, after a period for public comment, the FTC approved a final order settling charges against Compete, Inc., a market research company that collects online data for the purpose of developing and selling reports...more