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
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
Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more
In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more
Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more
October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more
Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most...more
On July 30, 2024, New York Attorney General Letitia James announced two new privacy guides that could affect your business, a Business Guide to Website Privacy Controls and a Consumer Guide to Web Tracking....more
Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...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
The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more
Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely...more