Serial Litigants May Target Websites and “Trackers” As Alternative to TCPA

Your website’s tracking pixels and analytics tools could be the next target for high-stakes lawsuits. Many merchants have shifted away from outbound telemarketing to avoid TCPA (Telephone Consumer Protection Act) fines, focusing instead on inbound leads from social media ads. However, a new wave of litigation focuses on 'wiretapping' claims related to how websites track user activity. Even if a customer clicks your ad and calls you voluntarily, the software you use to record that session or track their data could be flagged as a privacy violation under state laws like the California Invasion of Privacy Act (CIPA). For retailers and operators, this means the 'safe harbor' of inbound marketing is shrinking. Trial lawyers are moving away from robocall complaints and toward website data collection practices. If your site uses common tools like session replay, heatmaps, or third-party tracking pixels without explicit, heavy-duty consent, you are at risk. These lawsuits often target the technical way data is transmitted to third-party servers. To protect your business, you must audit your website's data privacy disclosures immediately. Ensure your 'Terms of Service' and 'Privacy Policy' specifically cover the use of tracking technologies. Don't assume that because a customer initiated the contact, your data collection is legal.

Source: deBanked

← Return to the library· Submit a correction