Many businesses have opted to deploy website cookie banners in response to the barrage of litigation under the California Invasion of Privacy Act (“CIPA”). That same mitigation measure, however, is increasingly the target of a new wave of class action lawsuits asserting fraud and other claims based on some banners’ alleged failure to do what they say they will. Specifically, these claims center on website banners and cookie settings tools that promise to opt users out of certain cookies or pixels but allegedly fail to do so.
Fresh Batch of Claims
Plaintiff’s firms have filed dozens of these cases in California federal and state court. The complaints generally allege that the website presents users with the option to “Reject All” cookies or “Reject” certain cookies, but in practice fails to opt users out of such cookies or technologies. The allegations most often concern advertising technologies that continue to load after the rejection.
