Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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Are you using artificial intelligence in your business operations? Do you have AI embedded in the goods and services you offer customers? The regulatory framework applicable to AI continues to develop, including across US...more
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
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
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
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
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
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
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
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
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their...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
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
The act of predicting what will become the dominating storyline of data privacy and cybersecurity in 2025 is a hazardous enterprise, as one is almost surely to get something wrong. Without fail, every year, regulators and the...more
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024. Expanding State Privacy Laws- This year saw a...more
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing...more
In 2018, there were two comprehensive state data privacy bills introduced across the United States and a whopping zero were in effect. Fast forward six years and there have been 41 new data privacy bills considered this year...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
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
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
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
On July 15, 2024, the Office of the New York State Attorney General (OAG) published website privacy control guidance focused on cookies and other tracking technologies. The guidance identifies common deficiencies and...more
New York’s governor recently signed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. Although signed, the law will not be effective until after the New York Attorney General creates implementing regulations. The law...more
Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more
On June 20, 2024, the Northern District of Texas issued its final order in American Hospital Association, et al. v. Becerra, et al. (AHA), granting the plaintiffs’ (the American Hospital Association, two Texas health systems...more