Resnick Examines Rising Website Tracking Litigation Risks Under California Privacy Law
Pryor Cashman Associate Scott W. Resnick, a member of the firm’s Data Privacy + Cybersecurity Practice, authored the article “Tracking Technologies in the Digital Age: A New Wave of Website Tracking Litigation,” published in the ECOVIS International Newsletter (Issue 4, 2026).
The article explores the rise in lawsuits brought under the California Invasion of Privacy Act (CIPA) that challenge the use of website tracking technologies, including tracking pixels, session replay tools, and analytics platforms. Scott explains that plaintiffs are increasingly alleging that these tools collect and share user information without adequate consent, creating significant litigation risks for businesses.
The article also discusses proposed California legislation that would modernize CIPA and clarify its application to routine online tracking activities. Until such reforms are enacted, Scott advises businesses to review their tracking technologies, strengthen consent mechanisms, and ensure that no tracking occurs before valid user consent is obtained.
Read the full article using the link below.