Navigating The Next Wave Of Privacy Claims: How To Avoid Becoming A 'Web Wiretapping' Target

In previous posts, we examined the rise of chat and pixel cases under Section 631(a) of the California Invasion of Privacy Act (CIPA), as well as the increasing prevalence of pen register, trap and trace cases, and search bar pixel cases under CIPA Section 638.51. In this post, we discuss other trending privacy claims and offer recommendations to help you avoid becoming a target of website-based privacy lawsuits and arbitration claims.

Alongside these developments, other website privacy claims are evolving and becoming increasingly prevalent in several states. For instance, cases alleging that common email marketing analytics technologies can violate the Arizona Telephone, Utility and Communication Service Records Act (Arizona Act) are on the rise. Major retail companies such as Target¹ and Gap² are facing accusations of violating the Arizona Act by embedding analytics technologies, referred to as "spy pixels" in the complaints, in emails without