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“That’s the Way the Cookie Crumbles”: A Recap of Cookie-Related Litigation Trends including VPPA and Wiretapping Claims

The plaintiffs’ bar has commenced two waves of lawsuits in recent years, first, asserting claims under the Video Privacy Protection Act (VPPA) in connection with the alleged use of third-party pixels on websites that offer video content. The second wave involves lawsuits alleging that the use of session cookies, certain tracking pixels, and chatbots result in interception of communications in violation of federal and state wiretapping laws. This panel will delve into those lawsuits, including:

  • How cookies and related technologies like pixels and trackers collect and share information.
  • Recent efforts to use VPPA and wiretapping laws to attack the use of website cookies and trackers.
  • Trends we’re seeing in these litigation efforts and what we see as the major risks to advertisers and publishers.