ARTICLE
13 February 2026

One Minute Matters [Video]: Could Your Website's Privacy Tools Trigger A Class Action? (With Jennifer Dickey)

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🔎 As we round off Data Privacy Week, one of the biggest risks companies are facing is not external. It is sitting on their own websites.
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🔎 As we round off Data Privacy Week, one of the biggest risks companies are facing is not external. It is sitting on their own websites.

The Dykema privacy team sees this risk show up daily in the form of demand letters and lawsuits tied to website technologies. We also recently covered these same issues on a Dykema panel on web tracking technologies.

Tracking pixels, chat functions, and session replay tools are driving a surge in demand letters and class action litigation under state wiretapping and privacy laws. Companies are being accused of intercepting user communications without proper consent.

Here are some of the major risks, and what organizations need to do to protect themselves.

  • Common website tools can trigger wiretapping and privacy claims
  • Demand letters are increasingly targeting these technologies
  • Courts in multiple states are allowing these cases to proceed
  • Companies should audit third-party tools and consent mechanisms now

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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