Are Cookies Banners Crumbling?

As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what the banners are offering and what consumers need to do to exercise their choices. Until recently, though, US privacy regulators had not weighed in on whether cookies banners meet state law opt-out obligations for targeted/ad cookies or what options must be provided to consumers via these banners.

This silence came to an end in March when the California Consumer Privacy Protection Agency (CPPA) waded into the fray with its first enforcement action against American Honda Motor Co. The enforcement action focused on several issues under the California Consumer Privacy Act (CCPA), including Honda's cookies management solution, which allowed consumers to accept all cookies via the banner but required them to take additional steps to opt-out of