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The Next Front: the Evolution of CIPA Litigation from Pixels to Real Time Bidding

As legal theories collide with the realities of modern ad tech, class action claims tied to cookies, pixels, and consumer privacy are reshaping risk across the ecosystem. Plaintiffs have been testing decades-old statutes like the VPPA and CIPA against contemporary tracking practices. At the same time, plaintiffs are probing real‑time bidding (RTB) facilitation by intermediaries, focusing on whether participants “intercept,” “disclose,” or “sell” personal information in ways that trigger statutory liability.

This panel brings together leading litigators, in‑house counsel, and technical experts to unpack active trends, court trajectories, and the practical defenses companies can deploy now. We’ll explore how plaintiffs are pleading claims, what data flows and disclosures are drawing scrutiny, and how organizations can strengthen compliance posture, evidence readiness, and motion practice.

  • Identify the tracking implementations and data flows most commonly cited in VPPA/CIPA and wiretapping claims, plus emerging RTB theories.
  • Build a defensible record—consent mechanics, disclosures, DPAs, governance, and evidence readiness.
  • Understand successful motion practice themes (standing, content/metadata, consent, preemption) and class certification defenses.