The plaintiff seeks statutory damages of $5,000 per CIPA violation and up to $10,000 per ECPA violation, along with restitution, injunctive relief, and attorneys' fees. The specific tracker count—182 before opt-in, 186 after—represents one of the highest documented in recent CIPA actions and targets tools like Hotjar and FullStory that collect personally identifiable information.
The case arrives amid a surge in privacy litigation weaponizing the 1960s-era CIPA statute against tracking pixels and session replay scripts. While federal courts have denied class certification in some pixel-tracking cases, they have also upheld the viability of CIPA claims for tracking technologies, fueling filings projected to exceed 3,500 annually. Major sports and retail websites are increasingly targeted for sharing subscriber data with third parties like Facebook and Meta without separate opt-ins. Attorneys should monitor whether courts certify this class and how damages calculations proceed, as the outcome will signal enforcement appetite for aggressive data collection practices across high-traffic consumer websites.