Despite stricter court rulings and limits on the use of older statutes to regulate newer technologies, 2025's increase in privacy litigation, especially around tracking technologies, looks set to continue into 2026, said privacy lawyers in interviews. Additionally, the potential for lawmakers clarifying the California Invasion of Privacy Act (CIPA) could push litigators to bring cases at even faster rates this year as they hope to file before an amendment becomes effective, one lawyer said.
Businesses that use tracking technologies must ensure they have the proper information and language in their disclosures and consent mechanisms to avoid legal risk, said Marc Roth, marketing and privacy advisor at Cobalt, during a webinar hosted by the Practising Law Institute Monday.
A December court order on a privacy class action against Universal Music Group (UMG) shows how critical it is for businesses to align data practices with what users are promised in cookie banners, privacy attorneys said in blog posts this week.
A federal court’s recent decision to allow California Invasion of Privacy Act (CIPA) and other claims to continue against Six Flags amusement park company represents the trend of judges to view data privacy violations as plausible, said Troutman Amin lawyer Puja Amin in a blog post Monday.
Though many courts have adopted the ordinary-person standard when interpreting Video Privacy Protection Act (VPPA) cases, differences remain in how judges apply it, even in cases with “nearly identical allegations,” Troutman privacy lawyer Dustin Taylor said in a post.
Litigation under the California Invasion of Privacy Act (CIPA) will likely continue, if not increase, in 2026, so companies operating there should be proactive and extensive in risk mitigation strategies, said Shumaker Loop lawyer Brian Focht in a blog post Friday.
A case charging SeatGeek violated the California Invasion of Privacy Act (CIPA) by using tracking technologies should be dropped for failure to allege harm, argued the ticketing platform in a court document Wednesday.
A federal court’s recent decision to move a California Invasion of Privacy Act (CIPA) claim to a court in Minnesota demonstrates that forum-selection clauses can act as a useful defense under the statute, Troutman Amin’s Blake Landis said in a blog post Thursday.
As lawsuits over tracking technologies increase rapidly, some courts have managed to narrow the scope of older statutes, countering the litigation wave, said panelists during an Interactive Advertising Bureau (IAB) webinar Wednesday. But other courts remain split on the reach of these laws, they added.
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