If you think compliance with state privacy laws like the California Consumer Privacy Act (CCPA) means your website’s cookie consent mechanism is legally sound, it may be worth taking a closer look.
A growing wave of litigation invoking wiretapping statutes, particularly the California Invasion of Privacy Act (CIPA)¹, is placing website tracking practices under increased scrutiny and exposing a critical gap in how many organizations approach consent. Claims involving tools like Meta Pixel and session replay tools are targeting a common issue: tracking technologies being deployed before users meaningfully consent.
These developments highlight a critical operational gap between how organizations describe consent and how their tracking technologies (cookies, pixels, and similar tools) actually function, creating significant risk exposure.