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ARTICLE · 11 MARCH 2026

Key Areas To Watch As Website Technology Litigation Continues To Surge

Wiley Rein
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Companies are facing a growing trend of plaintiffs asserting claims that businesses' common website technologies – including the use of cookies for website optimization...

United StatesTechnology
Attison L. Barnes, III
Attison L. Barnes, III
Duane C. Pozza
Duane C. Pozza
Kathleen E. Scott
Kathleen E. Scott
Joan Stewart
Joan Stewart
David E. Weslow
David E. Weslow
Stephanie Rigizadeh
Stephanie Rigizadeh

Companies are facing a growing trend of plaintiffs asserting claims that businesses' common website technologies – including the use of cookies for website optimization, analytics, and marketing – violate pre-internet state wiretap laws, such as the California Invasion of Privacy Act (CIPA). Online businesses across all sectors have received demand letters and have been sued in individual and class actions under a number of novel theories.

In light of this, companies should review their use of website technologies to address potential risks under these laws and understand how to best deal with such claims in settlement negotiations, litigation, and/or arbitration.

Below we outline some recent trends and strategies for dealing with threatened and actual litigation.

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