Year In Review: 2024 Web Tracking Litigation And Enforcement

In 2024, plaintiffs across the United States filed various class action cases related to web tracking technology employed by companies to enhance user experience on their websites and to improve the efficacy of their advertising. Tools like pixel systems on websites and in emails, chatbots, and session replay are used by companies to collect and analyze user activity and to tailor the digital experience to the user. Plaintiffs, however, have challenged these practices under myriad legal theories on the grounds that the collection of this data, shared with third parties, is nonconsensual and an illegal breach of user privacy. Increasingly, these cases are brought in different jurisdictions, whereas previously they were concentrated in California to take advantage of various wiretapping and anti-hacking statutes in the state. Some of these cases have made it past the motion to dismiss stage of litigation, but whether these cases will be successful still remains to be