How the Cookie Crumbles: Continuing Legal Risk for Website Technologies
This Feature Article is brought to you by AHLA's Health Care Liability and Litigation Practice Group
- May 09, 2025
- Iliana Peters , Polsinelli PC
- John Cleary , Polsinelli PC
- Jonathan Schmalfeld , Polsinelli PC
Litigation related to the use of online tracking technologies surged from 2023 to 2024, with a pronounced spike in claims under the California Invasion of Privacy Act (CIPA). Other web tracking-based claims also saw marked growth in 2024, including those alleging violations of the Federal Wiretap Act (FWA), state wiretapping statutes, and common law privacy causes of action. Many of the causes of action alleged by plaintiffs in such web tracking cases feature strict liability and statutory penalties ranging from $250 to $10,000 per violation—exposures that can become prohibitively expensive even with modest levels of website traffic. Businesses operating in the health care space, which must comply with state and federal privacy laws specific to medical information, are frequent targets of such lawsuits.
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