Litigation Landscape For Cookie And Tracking Technology Claims Brought Under Federal Privacy Statutes

In the rapidly evolving digital landscape, the use of cookies and other tracking technologies has become increasingly widespread, raising legal questions that courts across the country continue to grapple with. Plaintiffs have invoked a variety of federal statutes, each with its own requirements and judicial interpretations.

This article examines how federal courts have addressed claims brought under key federal privacy statutes, highlighting the emerging legal trends that both plaintiffs and defendants must navigate in online tracking litigation.

See "Managing Tracking Technologies and Their Privacy Dilemmas in 2025" (Mar. 12, 2025).

The Wiretap Act

The Wiretap Act has proven to be a popular vehicle for cookie-based tracking litigation, though circuit splits have created uncertainty about its reach. The law, in 18 U.S.C. § 2520(b) and (c)(2), prohibits the intentional interception of electronic communications, offering injunctive relief, attorney's fees