Lawsuits related to consent and preference management are increasingly prevalent and span various legal frameworks, including state trap & trace laws, federal and state wiretapping laws like the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA), and multiple state computer hacking statutes. Additionally, emerging state privacy laws—along with recent guidance from New York and California—have added new layers of complexity.
As websites and mobile apps grow increasingly interactive through the use of artificial intelligence (AI) tools and other emerging technologies legal risks will continue to evolve. Simply copying pre-drafted templates is not sufficient; effective compliance requires careful attention, structured processes, and proper implementation.
In this discussion, we will outline common legal claims, identify key risk factors, and explore actionable steps to mitigate potential liabilities. Finally, we will provide an overview of what to expect in the evolving regulatory landscape and how organizations can prepare for upcoming changes. This will be an in-depth discussion of both legal and technological issues related to consent and tracking technologies and is geared toward legal practitioners, marketing teams, and website developers.