Cookie Consent Compliance: Why A Cookie Banner Alone Will Not Prevent Website Tracking Liability

Your cookie solution may be working, but your work here is not done.

With all the website tracking demand letters and litigation, it is not enough just to deploy an out-of-the-box cookie solution.

The recent wave of website and app privacy litigation is projected to result in $1.4 billion in settlements in 2026, according to a recent Privado.ai Website & App Privacy Litigation Report.

First and foremost, you need to address the blocking or rejection of trackers through a functioning cookie solution. Reject should mean reject, and trackers should not “sneak through” after the user rejects them. A failure to honor that choice may create exposure under consumer protection laws and, depending on the technology, data flows, consent process, and jurisdiction, may also increase risk under federal or state wiretapping laws.