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ARTICLE · 10 NOVEMBER 2025

TikTok Pixel CIPA Claims Are Running On Borrowed Time

Klein Moynihan Turco LLP
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As our readers are aware, California Invasion of Privacy Act ("CIPA") lawsuits have recently dominated headlines in the California consumer privacy space.

United StatesPrivacy
David O. Klein
David O. Klein
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As our readers are aware, California Invasion of Privacy Act ("CIPA") lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate websites which utilize third-party tracking technology, including TikTok pixels. Plaintiff's typically allege that use of pixel technology constitutes an unlawful wiretap or "trap and trace device" under CIPA. Over the past months, several newly-rendered decisions signal that courts may no longer entertain CIPA claims if they involve the use of pixel tracking technology.

What Are the Allegations at Issue in a Typical TikTok Pixel Lawsuit?

The TikTok pixel is a tool developed and utilized by TikTok to gather information regarding visitors to third-party websites. Typically, third-party website operators agree to install the tracking software on their websites in exchange for some form of compensation.

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