ARTICLE
4 March 2026

Are Tracking Pixels Considered Illegal Wiretapping? (With Matt Hays) (Video)

D
Dykema

Contributor

You should expect more from your law firm than only excellent legal counsel. Delivering for our clients also means holding ourselves to the highest standards of service, performance, and innovation.

Every client has a different vision for success, so we adapt a custom approach for each of them. We help you identify your goals to craft pragmatic, unique, and efficient solutions that deliver value the way you define it.

For nearly 100 years, we’ve served clients around the world from our strategically situated offices in Michigan, Illinois, Texas, Washington, D.C., California, Minnesota, and Wisconsin. Through our practice management structure and our focused Industry Groups, we know and understand the sectors in which our clients compete, from Automotive to Energy, from Gaming to Financial Institutions.

So… how can we deliver success for you today?

Website operators are being sued over Google Analytics. And chatbots. And tracking pixels. But not for normal privacy violations – for wiretapping.
United States Technology
Dykema are most popular:
  • within Litigation, Mediation & Arbitration, Consumer Protection and Law Department Performance topic(s)

Website operators are being sued over Google Analytics. And chatbots. And tracking pixels. But not for normal privacy violations – for wiretapping.

Plaintiffs' firms are using decades-old wiretapping statutes (written for phone taps and industrial espionage) to claim that standard website tracking tools constitute illegal eavesdropping. With statutory damages of $5,000 per visitor, even moderate traffic creates massive exposure.

Some key takeaways from this episode of hashtagOne Minute Matters:

  • Claims target Google Analytics, Meta Pixel, session replay, and chat tools
  • Statutory damages create settlement pressure even on weak claims
  • Privacy policies and CCPA compliance are not enough
  • Opt-in consent, technical audits, and arbitration clauses are now critical

If you operate a website with third-party tracking, check out our recent Data Privacy and Cybersecurity legal alert here.

1752050a.jpg

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.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More