The legal landscape surrounding website tracking technologies is creating new challenges for organizations across industries. During this webinar, our speakers explored the rise in wrongful collection litigation, the regulatory and legal trends driving claims, and practical steps organizations can take to strengthen governance and reduce risk.

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Key Insights

The discussion highlighted several trends shaping today’s privacy litigation environment:

• Wrongful collection claims have expanded rapidly beyond healthcare and are now affecting organizations across industries.
• Common website tools, including cookies, pixels, analytics platforms, session replay tools and chatbots, are increasingly being scrutinized by plaintiffs’ attorneys and regulators.
• Privacy policies and consent mechanisms remain important, but they may not prevent an organization from being named in a lawsuit.
• Disconnects between marketing, IT, legal and compliance teams can create governance gaps that increase exposure.
• Organizations should understand how their insurance policies respond to unlawful collection, CIPA and wiretapping-related claims.

Practical Steps Organizations Can Take

Organizations can take several proactive steps to better understand and manage their exposure:

• Bring together stakeholders from legal, compliance, IT and marketing to evaluate website governance.
• Conduct an internal or legal review of website tracking practices.
• Run a website scan to identify cookies, pixels and other tracking technologies currently in use.
• Compare website activity against privacy policies and cookie banner disclosures.
• Review insurance policies to better understand available coverage and potential gaps.
• Reassess website practices regularly as technologies, regulations and litigation trends continue to evolve.

Looking Ahead

Privacy litigation continues to evolve alongside the technologies organizations use every day. As tracking tools, AI-enabled applications and data collection practices become more sophisticated, organizations should regularly review their governance processes, disclosures, consent mechanisms and insurance coverage to help manage emerging risks and changing legal expectations.