Source: JD Supra

JD Supra, publishing an article by Husch Blackwell LLP, reports that litigation targeting website tracking technologies remains a major risk for businesses in 2025. Plaintiffs continue to file numerous lawsuits alleging violations of privacy and wiretap laws, specifically the California Invasion of Privacy Act (CIPA), the federal Wiretap Act, and the Video Privacy Protection Act (VPPA). A significant emerging trend involves plaintiffs expanding their focus to generative artificial intelligence (AI) and chatbot tools, arguing that these systems "listen" to or repurpose user inputs without appropriate consent, thus constituting unauthorized recording or interception of communications.

The update highlights key judicial and legislative developments, noting that California Superior Courts have recently rejected the theory that web beacons tracking IP addresses constitute illegal "pen registers" (February 2025). Additionally, California Senate Bill 690, which aimed to exclude routine commercial tracking from CIPA's scope, failed to advance, leaving businesses facing continued uncertainty. While the volume of litigation remains high, courts are increasingly scrutinizing plaintiff allegations for concrete harm (Article III standing), and obtaining clear, affirmative consent through privacy policies and cookie banners remains a central defense strategy for companies.