Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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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
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
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
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...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
UK Data Regulator Expands Cookie Compliance Review Across the UK’s Top 1,000 Websites - The UK Information Commissioner's Office (“ICO”) has announced an expanded review of advertising cookie practices to encompass the...more
A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more
When you use your cellphone to search for businesses near you, you may opt into data collection about your location with an accuracy of within a few hundred feet. Often, unless you affirmatively opt out later, that data...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
Countless hours are being spent categorizing cookies and other tracking technologies to work with consent management platforms, part of a purpose-built industry aiming to help companies deal with the increasingly complex and...more
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more
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 October 28-November 3. Here’s...more
The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more
In Vita v. New England Baptist Hosp., __ Mass __, __ N.E.3d __, 2024 WL 4558621 (Mass. Oct. 24, 2024), the court held that the Massachusetts wiretap statute does not criminalize interception of web browsing and sale of the...more
Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more
The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on October 15, 2024, alleging violations of the Video Privacy Protection Act...more
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...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
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...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
In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more
The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more
Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more
Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more