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ARTICLE · 03 JUNE 2026

Top 10 Ways To Get Sued Over Cookies

CMPs are sold as compliance solutions, but plaintiffs’ counsel and regulators increasingly treat them as evidence. When the CMP says one thing and the site does another, that isn’t just a configuration glitch..

United StatesPrivacy

How did it come to this? Last year you got a new cookie consent management platform (CMP), and you worked with your web team to implement it. You even took a conservative approach and tried to get consent for all optional cookies in California, but now you’re staring down a class action lawsuit that alleges it didn’t work.

CMPs are sold as compliance solutions, but plaintiffs’ counsel and regulators increasingly treat them as evidence. When the CMP says one thing and the site does another, that isn’t just a configuration glitch: it’s a potential misrepresentation, and it sits at the heart of a growing wave of privacy claims under state laws like the California Invasion of Privacy Act (CIPA). The failures are rarely dramatic. They tend to fall into the same ten patterns:

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