- within Litigation, Mediation & Arbitration, Consumer Protection and Law Department Performance topic(s)
Website operators are being sued over Google Analytics. And chatbots. And tracking pixels. But not for normal privacy violations – for wiretapping.
Plaintiffs' firms are using decades-old wiretapping statutes (written for phone taps and industrial espionage) to claim that standard website tracking tools constitute illegal eavesdropping. With statutory damages of $5,000 per visitor, even moderate traffic creates massive exposure.
Some key takeaways from this episode of hashtagOne Minute Matters:
- Claims target Google Analytics, Meta Pixel, session replay, and chat tools
- Statutory damages create settlement pressure even on weak claims
- Privacy policies and CCPA compliance are not enough
- Opt-in consent, technical audits, and arbitration clauses are now critical
If you operate a website with third-party tracking, check out our recent Data Privacy and Cybersecurity legal alert here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
