Another Internet Tracking Class Action Failed At Certification—Here’s Why It Matters

Wiretapping class actions based on websites’ use of common tracking technologies continue to rise. And because many courts have allowed these cases to survive motions to dismiss, businesses often feel pressure to settle early—even when they have strong defenses.

Much of that pressure comes from the threat of a class wide judgment reaching eight or nine figures. However, a trend is emerging that could affect whether businesses should decide to defend instead of settle: courts are showing increasing skepticism that wiretapping claims are as suitable for class treatment as plaintiffs’ lawyers suggest.

A federal court in the Northern District of California recently denied class certification in Ingraham v. Capital One Financial Corp., No. 24-cv-05985-TLT (N.D. Cal. June 16, 2026). The plaintiffs alleged that tracking technologies used on the defendant’s website enabled third parties to intercept users’ personal and financial data without consent. The plaintiffs’ claims survived an early