Tracking Technology Litigation & Counseling
Website and app tracking technologies are deeply embedded in modern business operations. Companies use them to understand user behavior, personalize digital experiences, measure advertising performance, support customer engagement, and improve online services. As these tools become more sophisticated—and more closely scrutinized—legal risk increasingly turns on how they are disclosed, consented to, configured, and governed.
Plaintiffs’ lawyers and regulators are increasingly focused on whether businesses adequately disclose and obtain consent for the use of tracking technologies, including third-party cookies, pixels, beacons, session replay tools, chat functionality, analytics tools, and marketing technologies. Claims and regulatory enforcement actions are being brought under state and federal wiretapping, privacy, consumer protection, and data protection laws, including the California Invasion of Privacy Act (CIPA), the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), the Video Privacy Protection Act (VPPA), the Electronic Communications Privacy Act (ECPA) / the Federal Wiretap Act (FWA), and emerging state privacy laws. In addition, we are seeing a rise in Plaintiffs’ counsel combining tracking-technology claims with ADA Title III website accessibility or email-based CAN-SPAM allegations.
The legal landscape remains unsettled. Courts continue to reach different conclusions on whether common website and app technologies can support wiretapping, pen register, trap-and-trace, or invasion of privacy claims. Companies need guidance that is legally sophisticated, technically informed, and practical enough to implement across websites, apps, marketing platforms, vendor relationships, and customer-facing digital experiences.
Where Tracking Technology Litigation Is Taking Hold
Explore our litigation heatmap to see how claims involving cookies, pixels, session replay, chat tools, and other digital tracking tools are developing across jurisdictions.
HOW WE HELP
Seyfarth helps companies navigate the full lifecycle of tracking technology risk — from proactive compliance and risk assessment to demand letter response, litigation defense, regulatory strategy, and remediation.
We work with businesses across industries that rely on websites, mobile apps, digital advertising, online customer engagement, analytics, and marketing technology. This includes retailers, healthcare and wellness companies, financial services organizations, consumer products companies, technology companies, media and entertainment businesses, hospitality companies, professional services firms, employers, and organizations with significant customer- or employee-facing digital platforms.
We are especially well-positioned to support clients whose tracking technology risks intersect with broader business operations, consumer privacy obligations, employment relationships, data governance, cybersecurity, marketing strategy, vendor management, and class action exposure.
OUR SERVICES
Our team helps clients understand the technologies in use across their digital properties, assess disclosure and consent practices, evaluate litigation and regulatory risk, and develop practical strategies to reduce exposure. We also defend clients facing claims involving website and app tracking technologies, including class actions, mass arbitrations, demand letters, and threatened litigation under CIPA and other state and federal privacy laws.
Our services include:
Compliance Counseling and Risk Assessment
We help clients assess and strengthen privacy compliance programs related to tracking technologies, including:
- Full scale consumer-facing asset assessments, including reviewing websites, mobile apps, landing pages, marketing communications, and digital customer journeys for tracking technology risk
- Advising on domestic state-level privacy compliance, including CCPA/CPRA and other comprehensive state privacy laws
- Evaluating cookie banners, consent flows, opt-out mechanisms, “Do Not Sell or Share” links, Global Privacy Control signals, and related user choice architecture
- Analyzing privacy policies, cookie notices, website terms, just-in-time disclosures, and other website-related disclosures
- Assessing the use of third-party advertising, analytics, pixels, session replay, chat, video, and data-sharing technologies
- Counseling on vendor agreements, data processing terms, and service provider/third-party relationships
- Advising on and assisting the implementation of internal policies, procedures and trainings relating to responding to consumer data subject access requests (DSAR)
- Advising on remediation strategies when tracking technology risks are identified
- Counseling on state privacy regulator and attorney general enforcement risk, including California Privacy Protection Agency (“CalPrivacy”) activity under CCPA/CPRA, with a focus on tracking technologies, targeted advertising, data sharing, cookie and pixel governance, consumer disclosures, opt-out mechanisms, and remediation strategies
Litigation Defense and Dispute Resolution
We defend businesses against claims arising from the use of tracking technologies, including:
- CIPA claims involving alleged wiretapping, eavesdropping, pen registers, trap-and-trace devices, session replay, chat tools, pixels, search terms, and related technologies
- Claims brought under federal and state wiretapping, privacy, consumer protection, and data protection laws
- Website tracking class actions, demand letters, and threatened litigation
- Mass arbitration risk and response strategies
- VPPA, ECPA/FWA, and HIPAA-related privacy claims (including state corollaries such as the California Confidentiality of Medical Information Act – CMIA) involving digital tools and data-sharing practices
- Early case assessment, motion practice, discovery strategy, expert coordination, settlement strategy, and appeal positioning
- Monitoring litigation trends and jurisdictional developments, including through our Tracking Technology Litigation Heatmap
Regulatory Strategy and Response
We advise clients on regulatory expectations and enforcement risk connected to tracking technologies, including:
- State attorney general and privacy regulator inquiries
- CCPA/CPRA compliance and California Privacy Protection Agency/CalPrivacy considerations
- Coordination of legal, marketing, IT, privacy, and compliance stakeholders
- Risk-based approaches to digital advertising, analytics, and customer engagement tools
- Governance frameworks for ongoing tracking technology review and approval.
THE SEYFARTH EXPERIENCE
Tracking technology risk does not fit neatly into one legal category. It involves privacy compliance, consumer class action defense, regulatory strategy, risk tolerance and assessment, vendor management, technical fact development, records retention and business operations. Seyfarth brings these disciplines together.
Our approach is practical, coordinated, and business-focused. We help clients understand not only what the law may require, but how their websites, apps, vendors, marketing tools, consent flows, and data practices actually work. We translate complex and fast-moving developments into clear, actionable guidance for legal, privacy, marketing, IT, and business teams.
Seyfarth’s strength lies in our integrated bench. Our litigators understand class action defense, arbitration strategy, discovery, motion practice, settlement dynamics, and appeal positioning. Our privacy and data lawyers understand state privacy laws, CCPA/CPRA compliance, data flows, disclosures, consent, and governance. Our regulatory and counseling teams help clients build durable compliance approaches that reduce risk before litigation arises. Our ADA Title III & public access team provides litigation defense and counseling services to businesses in nearly every industry. Together, we help clients respond to today’s claims while strengthening tomorrow’s compliance posture.
We are especially well-positioned to support clients whose tracking technology risks intersect with broader business operations, consumer privacy obligations, employment relationships, data governance, cybersecurity, marketing strategy, vendor management, and class action exposure.
OUR SERVICES
Our team helps clients understand the technologies in use across their digital properties, assess disclosure and consent practices, evaluate litigation and regulatory risk, and develop practical strategies to reduce exposure. We also defend clients facing claims involving website and app tracking technologies, including class actions, mass arbitrations, demand letters, and threatened litigation under CIPA and other state and federal privacy laws.
Our services include:
Compliance Counseling and Risk Assessment
We help clients assess and strengthen privacy compliance programs related to tracking technologies, including:
- Full scale consumer-facing asset assessments, including reviewing websites, mobile apps, landing pages, marketing communications, and digital customer journeys for tracking technology risk
- Advising on domestic state-level privacy compliance, including CCPA/CPRA and other comprehensive state privacy laws
- Evaluating cookie banners, consent flows, opt-out mechanisms, “Do Not Sell or Share” links, Global Privacy Control signals, and related user choice architecture
- Analyzing privacy policies, cookie notices, website terms, just-in-time disclosures, and other website-related disclosures
- Assessing the use of third-party advertising, analytics, pixels, session replay, chat, video, and data-sharing technologies
- Counseling on vendor agreements, data processing terms, and service provider/third-party relationships
- Advising on and assisting the implementation of internal policies, procedures and trainings relating to responding to consumer data subject access requests (DSAR)
- Advising on remediation strategies when tracking technology risks are identified
- Counseling on state privacy regulator and attorney general enforcement risk, including California Privacy Protection Agency (“CalPrivacy”) activity under CCPA/CPRA, with a focus on tracking technologies, targeted advertising, data sharing, cookie and pixel governance, consumer disclosures, opt-out mechanisms, and remediation strategies
Litigation Defense and Dispute Resolution
We defend businesses against claims arising from the use of tracking technologies, including:
- CIPA claims involving alleged wiretapping, eavesdropping, pen registers, trap-and-trace devices, session replay, chat tools, pixels, search terms, and related technologies
- Claims brought under federal and state wiretapping, privacy, consumer protection, and data protection laws
- Website tracking class actions, demand letters, and threatened litigation
- Mass arbitration risk and response strategies
- VPPA, ECPA/FWA, and HIPAA-related privacy claims (including state corollaries such as the California Confidentiality of Medical Information Act – CMIA) involving digital tools and data-sharing practices
- Early case assessment, motion practice, discovery strategy, expert coordination, settlement strategy, and appeal positioning
- Monitoring litigation trends and jurisdictional developments, including through our Tracking Technology Litigation Heatmap
Regulatory Strategy and Response
We advise clients on regulatory expectations and enforcement risk connected to tracking technologies, including:
- State attorney general and privacy regulator inquiries
- CCPA/CPRA compliance and California Privacy Protection Agency/CalPrivacy considerations
- Coordination of legal, marketing, IT, privacy, and compliance stakeholders
- Risk-based approaches to digital advertising, analytics, and customer engagement tools
- Governance frameworks for ongoing tracking technology review and approval.
THE SEYFARTH EXPERIENCE
Tracking technology risk does not fit neatly into one legal category. It involves privacy compliance, consumer class action defense, regulatory strategy, risk tolerance and assessment, vendor management, technical fact development, records retention and business operations. Seyfarth brings these disciplines together.
Our approach is practical, coordinated, and business-focused. We help clients understand not only what the law may require, but how their websites, apps, vendors, marketing tools, consent flows, and data practices actually work. We translate complex and fast-moving developments into clear, actionable guidance for legal, privacy, marketing, IT, and business teams.
Seyfarth’s strength lies in our integrated bench. Our litigators understand class action defense, arbitration strategy, discovery, motion practice, settlement dynamics, and appeal positioning. Our privacy and data lawyers understand state privacy laws, CCPA/CPRA compliance, data flows, disclosures, consent, and governance. Our regulatory and counseling teams help clients build durable compliance approaches that reduce risk before litigation arises. Our ADA Title III & public access team provides litigation defense and counseling services to businesses in nearly every industry. Together, we help clients respond to today’s claims while strengthening tomorrow’s compliance posture.
- Defended clients against claims brought under the California Invasion of Privacy Act (CIPA) arising from the use of website tracking technologies, including session replay tools, chat features, pixels, cookies, and similar digital technologies.
- Represented clients in responding to pre-suit demand letters and threatened litigation alleging wiretapping, invasion of privacy, and unlawful use of online tracking technologies.
- Advised clients on compliance with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including issues involving website tracking, targeted advertising, data sharing practices, consumer disclosures, opt-out rights, and consent requirements.
- Reviewed and revised privacy policies, cookie notices, website terms of use, consent banners, and related digital disclosures to address evolving state privacy law requirements.
- Counseled clients on the implementation of analytics, advertising, chat, session replay, video, and marketing technologies, with a focus on legal risk mitigation and privacy compliance.
- Led factual and technical investigations of website and mobile application tracking practices, including assessments of vendor relationships, data flows, third-party scripts, and user consent mechanisms.
- Developed governance framework and compliance process for the use of tracking technologies, partnering with legal, privacy, marketing, information technology, and compliance stakeholders.
- Guided clients through proactive assessment of digital marketing and website technologies to identify privacy risks and strengthen defensible compliance strategies.
Related News & Insights
-
Legal Update
06/25/2026
Automated License Plate Reader Technology Raises Concerns Over Private Sector Compliance and Government Overreach
-
Attorney Publication
05/12/2026
Legal500 Publishes Article by Kathleen McConnell, Lauren Gregory Leipold, and Daniel Riley on AI Governance and Privacy
-
Media Mentions
05/07/2026
Bloomberg Law Quotes Kathleen McConnell on Cookie Banner Privacy Litigation
-
Blog Post
05/06/2026
The Paper Trail: State Privacy Law Contracting Requirements
Website and app tracking technologies are deeply embedded in modern business operations. Companies use them to understand user behavior, personalize digital experiences, measure advertising performance, support customer engagement, and improve online services. As these tools become more sophisticated—and more closely scrutinized—legal risk increasingly turns on how they are disclosed, consented to, configured, and governed.
Plaintiffs’ lawyers and regulators are increasingly focused on whether businesses adequately disclose and obtain consent for the use of tracking technologies, including third-party cookies, pixels, beacons, session replay tools, chat functionality, analytics tools, and marketing technologies. Claims and regulatory enforcement actions are being brought under state and federal wiretapping, privacy, consumer protection, and data protection laws, including the California Invasion of Privacy Act (CIPA), the California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA), the Video Privacy Protection Act (VPPA), the Electronic Communications Privacy Act (ECPA) / the Federal Wiretap Act (FWA), and emerging state privacy laws. In addition, we are seeing a rise in Plaintiffs’ counsel combining tracking-technology claims with ADA Title III website accessibility or email-based CAN-SPAM allegations.
The legal landscape remains unsettled. Courts continue to reach different conclusions on whether common website and app technologies can support wiretapping, pen register, trap-and-trace, or invasion of privacy claims. Companies need guidance that is legally sophisticated, technically informed, and practical enough to implement across websites, apps, marketing platforms, vendor relationships, and customer-facing digital experiences.
Where Tracking Technology Litigation Is Taking Hold
Explore our litigation heatmap to see how claims involving cookies, pixels, session replay, chat tools, and other digital tracking tools are developing across jurisdictions.
HOW WE HELP
Seyfarth helps companies navigate the full lifecycle of tracking technology risk — from proactive compliance and risk assessment to demand letter response, litigation defense, regulatory strategy, and remediation.
We work with businesses across industries that rely on websites, mobile apps, digital advertising, online customer engagement, analytics, and marketing technology. This includes retailers, healthcare and wellness companies, financial services organizations, consumer products companies, technology companies, media and entertainment businesses, hospitality companies, professional services firms, employers, and organizations with significant customer- or employee-facing digital platforms.
We are especially well-positioned to support clients whose tracking technology risks intersect with broader business operations, consumer privacy obligations, employment relationships, data governance, cybersecurity, marketing strategy, vendor management, and class action exposure.
OUR SERVICES
Our team helps clients understand the technologies in use across their digital properties, assess disclosure and consent practices, evaluate litigation and regulatory risk, and develop practical strategies to reduce exposure. We also defend clients facing claims involving website and app tracking technologies, including class actions, mass arbitrations, demand letters, and threatened litigation under CIPA and other state and federal privacy laws.
Our services include:
Compliance Counseling and Risk Assessment
We help clients assess and strengthen privacy compliance programs related to tracking technologies, including:
- Full scale consumer-facing asset assessments, including reviewing websites, mobile apps, landing pages, marketing communications, and digital customer journeys for tracking technology risk
- Advising on domestic state-level privacy compliance, including CCPA/CPRA and other comprehensive state privacy laws
- Evaluating cookie banners, consent flows, opt-out mechanisms, “Do Not Sell or Share” links, Global Privacy Control signals, and related user choice architecture
- Analyzing privacy policies, cookie notices, website terms, just-in-time disclosures, and other website-related disclosures
- Assessing the use of third-party advertising, analytics, pixels, session replay, chat, video, and data-sharing technologies
- Counseling on vendor agreements, data processing terms, and service provider/third-party relationships
- Advising on and assisting the implementation of internal policies, procedures and trainings relating to responding to consumer data subject access requests (DSAR)
- Advising on remediation strategies when tracking technology risks are identified
- Counseling on state privacy regulator and attorney general enforcement risk, including California Privacy Protection Agency (“CalPrivacy”) activity under CCPA/CPRA, with a focus on tracking technologies, targeted advertising, data sharing, cookie and pixel governance, consumer disclosures, opt-out mechanisms, and remediation strategies
Litigation Defense and Dispute Resolution
We defend businesses against claims arising from the use of tracking technologies, including:
- CIPA claims involving alleged wiretapping, eavesdropping, pen registers, trap-and-trace devices, session replay, chat tools, pixels, search terms, and related technologies
- Claims brought under federal and state wiretapping, privacy, consumer protection, and data protection laws
- Website tracking class actions, demand letters, and threatened litigation
- Mass arbitration risk and response strategies
- VPPA, ECPA/FWA, and HIPAA-related privacy claims (including state corollaries such as the California Confidentiality of Medical Information Act – CMIA) involving digital tools and data-sharing practices
- Early case assessment, motion practice, discovery strategy, expert coordination, settlement strategy, and appeal positioning
- Monitoring litigation trends and jurisdictional developments, including through our Tracking Technology Litigation Heatmap
Regulatory Strategy and Response
We advise clients on regulatory expectations and enforcement risk connected to tracking technologies, including:
- State attorney general and privacy regulator inquiries
- CCPA/CPRA compliance and California Privacy Protection Agency/CalPrivacy considerations
- Coordination of legal, marketing, IT, privacy, and compliance stakeholders
- Risk-based approaches to digital advertising, analytics, and customer engagement tools
- Governance frameworks for ongoing tracking technology review and approval.
THE SEYFARTH EXPERIENCE
Tracking technology risk does not fit neatly into one legal category. It involves privacy compliance, consumer class action defense, regulatory strategy, risk tolerance and assessment, vendor management, technical fact development, records retention and business operations. Seyfarth brings these disciplines together.
Our approach is practical, coordinated, and business-focused. We help clients understand not only what the law may require, but how their websites, apps, vendors, marketing tools, consent flows, and data practices actually work. We translate complex and fast-moving developments into clear, actionable guidance for legal, privacy, marketing, IT, and business teams.
Seyfarth’s strength lies in our integrated bench. Our litigators understand class action defense, arbitration strategy, discovery, motion practice, settlement dynamics, and appeal positioning. Our privacy and data lawyers understand state privacy laws, CCPA/CPRA compliance, data flows, disclosures, consent, and governance. Our regulatory and counseling teams help clients build durable compliance approaches that reduce risk before litigation arises. Our ADA Title III & public access team provides litigation defense and counseling services to businesses in nearly every industry. Together, we help clients respond to today’s claims while strengthening tomorrow’s compliance posture.
We are especially well-positioned to support clients whose tracking technology risks intersect with broader business operations, consumer privacy obligations, employment relationships, data governance, cybersecurity, marketing strategy, vendor management, and class action exposure.
OUR SERVICES
Our team helps clients understand the technologies in use across their digital properties, assess disclosure and consent practices, evaluate litigation and regulatory risk, and develop practical strategies to reduce exposure. We also defend clients facing claims involving website and app tracking technologies, including class actions, mass arbitrations, demand letters, and threatened litigation under CIPA and other state and federal privacy laws.
Our services include:
Compliance Counseling and Risk Assessment
We help clients assess and strengthen privacy compliance programs related to tracking technologies, including:
- Full scale consumer-facing asset assessments, including reviewing websites, mobile apps, landing pages, marketing communications, and digital customer journeys for tracking technology risk
- Advising on domestic state-level privacy compliance, including CCPA/CPRA and other comprehensive state privacy laws
- Evaluating cookie banners, consent flows, opt-out mechanisms, “Do Not Sell or Share” links, Global Privacy Control signals, and related user choice architecture
- Analyzing privacy policies, cookie notices, website terms, just-in-time disclosures, and other website-related disclosures
- Assessing the use of third-party advertising, analytics, pixels, session replay, chat, video, and data-sharing technologies
- Counseling on vendor agreements, data processing terms, and service provider/third-party relationships
- Advising on and assisting the implementation of internal policies, procedures and trainings relating to responding to consumer data subject access requests (DSAR)
- Advising on remediation strategies when tracking technology risks are identified
- Counseling on state privacy regulator and attorney general enforcement risk, including California Privacy Protection Agency (“CalPrivacy”) activity under CCPA/CPRA, with a focus on tracking technologies, targeted advertising, data sharing, cookie and pixel governance, consumer disclosures, opt-out mechanisms, and remediation strategies
Litigation Defense and Dispute Resolution
We defend businesses against claims arising from the use of tracking technologies, including:
- CIPA claims involving alleged wiretapping, eavesdropping, pen registers, trap-and-trace devices, session replay, chat tools, pixels, search terms, and related technologies
- Claims brought under federal and state wiretapping, privacy, consumer protection, and data protection laws
- Website tracking class actions, demand letters, and threatened litigation
- Mass arbitration risk and response strategies
- VPPA, ECPA/FWA, and HIPAA-related privacy claims (including state corollaries such as the California Confidentiality of Medical Information Act – CMIA) involving digital tools and data-sharing practices
- Early case assessment, motion practice, discovery strategy, expert coordination, settlement strategy, and appeal positioning
- Monitoring litigation trends and jurisdictional developments, including through our Tracking Technology Litigation Heatmap
Regulatory Strategy and Response
We advise clients on regulatory expectations and enforcement risk connected to tracking technologies, including:
- State attorney general and privacy regulator inquiries
- CCPA/CPRA compliance and California Privacy Protection Agency/CalPrivacy considerations
- Coordination of legal, marketing, IT, privacy, and compliance stakeholders
- Risk-based approaches to digital advertising, analytics, and customer engagement tools
- Governance frameworks for ongoing tracking technology review and approval.
THE SEYFARTH EXPERIENCE
Tracking technology risk does not fit neatly into one legal category. It involves privacy compliance, consumer class action defense, regulatory strategy, risk tolerance and assessment, vendor management, technical fact development, records retention and business operations. Seyfarth brings these disciplines together.
Our approach is practical, coordinated, and business-focused. We help clients understand not only what the law may require, but how their websites, apps, vendors, marketing tools, consent flows, and data practices actually work. We translate complex and fast-moving developments into clear, actionable guidance for legal, privacy, marketing, IT, and business teams.
Seyfarth’s strength lies in our integrated bench. Our litigators understand class action defense, arbitration strategy, discovery, motion practice, settlement dynamics, and appeal positioning. Our privacy and data lawyers understand state privacy laws, CCPA/CPRA compliance, data flows, disclosures, consent, and governance. Our regulatory and counseling teams help clients build durable compliance approaches that reduce risk before litigation arises. Our ADA Title III & public access team provides litigation defense and counseling services to businesses in nearly every industry. Together, we help clients respond to today’s claims while strengthening tomorrow’s compliance posture.
- Defended clients against claims brought under the California Invasion of Privacy Act (CIPA) arising from the use of website tracking technologies, including session replay tools, chat features, pixels, cookies, and similar digital technologies.
- Represented clients in responding to pre-suit demand letters and threatened litigation alleging wiretapping, invasion of privacy, and unlawful use of online tracking technologies.
- Advised clients on compliance with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including issues involving website tracking, targeted advertising, data sharing practices, consumer disclosures, opt-out rights, and consent requirements.
- Reviewed and revised privacy policies, cookie notices, website terms of use, consent banners, and related digital disclosures to address evolving state privacy law requirements.
- Counseled clients on the implementation of analytics, advertising, chat, session replay, video, and marketing technologies, with a focus on legal risk mitigation and privacy compliance.
- Led factual and technical investigations of website and mobile application tracking practices, including assessments of vendor relationships, data flows, third-party scripts, and user consent mechanisms.
- Developed governance framework and compliance process for the use of tracking technologies, partnering with legal, privacy, marketing, information technology, and compliance stakeholders.
- Guided clients through proactive assessment of digital marketing and website technologies to identify privacy risks and strengthen defensible compliance strategies.
Related News & Insights
-
Legal Update
06/25/2026
Automated License Plate Reader Technology Raises Concerns Over Private Sector Compliance and Government Overreach
-
Attorney Publication
05/12/2026
Legal500 Publishes Article by Kathleen McConnell, Lauren Gregory Leipold, and Daniel Riley on AI Governance and Privacy
-
Media Mentions
05/07/2026
Bloomberg Law Quotes Kathleen McConnell on Cookie Banner Privacy Litigation
-
Blog Post
05/06/2026
The Paper Trail: State Privacy Law Contracting Requirements