Key cases involve companies like Adidas (Camplisson v. Adidas, where a court allowed claims against TikTok and Bing pixels to proceed, rejecting footer privacy notices as insufficient consent), credit unions, FinTechs, medical testing firms, Hillsdale College (VPPA claim under Meta Pixel), and Development Dimensions International (dismissed cookie claims)[2][4][6][8][10][11]. Plaintiff firms drive the surge, filing in state and federal courts across 50 states since the Ninth Circuit's 2022 Javier v. Assurance IQ ruling, tracked via tools like Fisher Phillips' litigation map[7][9]. Agencies and legislation include 20+ state privacy laws (e.g., CCPA/CPRA) intersecting with wiretapping rules, creating mismatched consent standards[1][5].
Litigation accelerated post-2022, with 2023-2024 seeing substantial increases and 2025-2026 mixed rulings: plaintiff wins like Camplisson (Nov. 2025) fuel expansion, while dismissals in Sanchez v. Cars.com, Cole III (Third Circuit), and Travis Rounds limit some theories[5][6][8][11]. As of March 2026, cases proliferate due to high damages and easy pleading (e.g., IP data as "content"), pushing into new states amid no federal preemption[1][7][9].
Newsworthy now amid early 2026's state-by-state guide publication (March 31) and recent rulings like Berryman v. Reading (March 12, rejecting VPPA Meta Pixel claim) versus Goodman v. Hillsdale, highlighting circuit splits and compounding risks from privacy laws[1][10]. Businesses face "locust-like" suits even outside operations, demanding jurisdiction-specific consents[1][2].