Tracking Pixels On Automated Website Held Not To Violate Washington Privacy Act

Key Takeaways

• In Baker v. Seattle Children’s Hospital, the Washington Supreme Court held that consumers’ clicks and searches on a fully-automated website are not communications “between two or more individuals” under the Washington Privacy Act.
• The decision substantially limits WPA claims based on website tracking technologies, providing businesses with a strong defense against a growing wave of pixel-tracking litigation.
• Businesses should continue to evaluate their use of tracking tools, particularly on customer-facing forms, chat functions, and logged-in platforms, as questions remain regarding how the WPA applies to other types of online interactions.

Earlier this week, the Washington Supreme Court unanimously affirmed dismissal of a putative class action alleging that Seattle Children’s Hospital violated the Washington Privacy Act (WPA), RCW 9.73.030, by using Meta Pixel on its public website. Baker v. Seattle Children’s Hosp., No. 104590-5, 2026 WL 3023818 (Oct. 8, 2026).