Privacy Litigation

“Privacy litigation is growing, in 2023 we saw plaintiffs attorneys file thousands of complaints under the California Invasion of Privacy Act (CIPA) and the like. Plaintiffs are claiming that numerous different website technologies related to pixel tags all violate CIPA (under various legal rationales), including:

  • Advertising Pixel Tags, in particular the Meta pixel

  • Session Replay Software

  • Chatbots or other interactive customer service chat functionality

We combine our technical expertise and experience in adtech, with our expert understanding of the privacy-legal landscape to help defendants and their litigators and arbitrators strategize and defend against such claims.

Our Services

  • We review the claims against you, looking at the evidence presented, and assess the validity and strength of the claims against the current legal precedent and arguments.

  • After evaluating the claims and your case, we advise our clients on how to proceed, and whether or not to respond to claims, considering our clients appetite and budget for itigation. We work directly with arbitrators and litigators to provide our privacy expertise and technical knowledge while leveraging their expertise.

  • We dive into your case, collecting evidence about your privacy practices, the claims, and the latest privacy litigation trends and success to draft responses to notices and demands.

  • IHP supports your legal defense by providing our privacy and technical expertise to your litigation team. We recommend discovery and deposition strategies as well as materials to defend against claims. We also draft content for motions, briefs, discovery and deposition materials to be used in your litigators’ filings, and help out wherever else we are needed.

  • We’ve seen companies settle claims only to receive similar claims within months. From evaluating the claims against you, we help you update your privacy program and practices to avoid future litigation.