- How Does Pixel Tracking Work?
- What Laws Are Involved in Pixel Tracking Lawsuits?
- Major Pixel Tracking Lawsuits and Settlements
- What Evidence Can Support a Pixel Tracking Lawsuit?
- What Damages Can You Recover in a Pixel Tracking Lawsuit?
- How Long Do You Have to File a Pixel Tracking Lawsuit?
- Understanding Your Rights in Pixel Tracking Cases
How Does Pixel Tracking Work?
Third-party tracking technologies like advertising pixels, analytics platforms, session replay tools, and chat capture tools can transmit information about website visitors to the companies that provide them. Depending on how they are configured, these tools may collect device identifiers, browser details, IP addresses, and information about page views, clicks, searches, purchases, or form entries. The companies receiving that information may use it for analytics or advertising.
In recent pixel tracking lawsuits, consumers have alleged that some companies used these tools to capture or share their online activity without their knowledge or consent. Plaintiffs have compared certain practices to wiretapping, eavesdropping, pen register surveillance, and unauthorized recording, arguing that they amount to a serious invasion of privacy. Whether a particular practice violates the law depends on how the tool works, what information it collects or shares, and the law at issue.
What Types of Information Can a Tracking Pixel Collect?
The information a tracking pixel or tool may collect varies depending on how the technology is configured. Potential information that could be compromised includes:
- IP addresses
- Device information
- Browser information
- URLs visited
- Clicks
- Page views
- Search terms
- Account identifiers
- Email addresses
- Form information
- Purchase-related information
- Health-related information
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What Laws Are Involved in Pixel Tracking Lawsuits?
There is no single federal “pixel tracking law,” so different cases rely on different federal and state laws depending on the facts. Some of the most commonly cited laws in pixel tracking lawsuits include the Video Privacy Protection Act, the Electronic Communications Privacy Act, the Health Insurance Portability and Accountability Act, and the California Invasion of Privacy Act.
Video Privacy Protection Act
The Video Privacy Protection Act (VPPA) became law in 1988, aimed at preventing the wrongful disclosure of videotape rental or sale records. It makes videotape service providers liable for disclosing rental information outside the normal course of business unless the consumer consents. Now, the law has been invoked in pixel tracking litigation.
Some new lawsuits filed under the VPPA allege that companies violate the law by collecting and disclosing consumers’ video viewing history on websites, mobile apps, and smart devices. Consumers argue that the law also protects the privacy of their personal information while watching audiovisual content online.
Electronic Communications Privacy Act
The Electronic Communications Privacy Act of 1986 (ECPA) protects wire, oral, and electronic communications while they are being made, in transit, and when stored on computers. It applies to all emails, phone conversations, and data stored electronically.
Health Insurance Portability and Accountability Act
Pixel tracking on healthcare websites can create unique legal issues. The U.S. Department of Health and Human Services states that covered entities and business associates must comply with the Health Insurance Portability and Accountability Act (HIPAA) when tracking technologies collect or disclose protected health information.
California Invasion of Privacy Act
Some lawsuits allege that companies use website tracking tools to intercept or record visitors’ online communications without the consent required by the California Invasion of Privacy Act (CIPA). Other claims argue that technologies such as cookies, pixels, tags, and beacons function as pen registers by collecting information about users’ online activity. Whether a tool violates CIPA depends on how it works, what information it collects, and which provision of the law applies.
Although CIPA is a California state law, companies based elsewhere may face claims involving users in California. However, having California visitors does not, by itself, mean a website violates CIPA.
When Companies Take Advantage of Consumers, We Can Help
Class Action U’s accomplished partner attorneys at Milberg PLLC have successfully recovered more than $250 million for wronged consumers through alternative dispute resolution.
Major Pixel Tracking Lawsuits and Settlements
Columbus Regional Health Tracking Litigation
A pair of class action lawsuits filed against Indiana healthcare provider Columbus Regional Health alleged that the hospital system compromised patient confidentiality by embedding specialized digital tracking code into its consumer-facing website and patient platforms. The litigation asserted that these tracking mechanisms surreptitiously monitored patients’ online behavior and transmitted their private interactions to third parties.
St. Joseph Hospital Health Information Tracking Litigation
A class action lawsuit was filed against St. Joseph Hospital in March 2025 after digital privacy advocates and patients discovered that invisible tracking pixels were embedded across the hospital’s digital platforms, including MyChart. The lawsuit claims this setup actively wiretapped and transmitted patients’ protected health information and personally identifiable information directly to Microsoft for corporate advertising and targeted marketing campaigns. The suit resulted in a $1.25 million settlement.
Wyssta Services Meta Pixel Class Action
Wyssta Services agreed to pay $12.67 million to settle a class action lawsuit alleging that it tracked and shared consumer data without permission using the Meta Pixel. The lawsuit claimed that website visitors had their personal browsing activities exposed to third parties via tracking code embedded on the company’s online platforms.
Emanate Health Hidden Tracking Litigation
California-based healthcare provider Emanate Health agreed to a $777,000 class action settlement to resolve claims that it used hidden tracking tools to monitor patients’ online activities without their consent.
Moses H. Cone Memorial Hospital Tracking Class Action
The Moses H. Cone Memorial Hospital Operating Corporation agreed to pay $1,765,000 to resolve a class action lawsuit alleging that it embedded third-party tracking codes, including Meta pixels, on its public website and its secure MyChart patient portal.
What Evidence Can Support a Pixel Tracking Lawsuit?
If you believe your data was improperly tracked on a website, preserve all possible evidence to support a potential lawsuit. This may include:
- Screenshots and website records
- Privacy policies and terms
- Emails and communications
- Browser or account evidence
- Records showing the information submitted
- Evidence of the alleged third-party disclosure
What Damages Can You Recover in a Pixel Tracking Lawsuit?
Potential remedies in pixel-tracking lawsuits vary considerably depending on the case and the laws allegedly violated. Possible remedies include statutory damages, reimbursement of actual financial losses, injunctive relief, and changes to the defendant’s privacy practices.
Not every privacy violation results in a financial award, and some statutes have specific requirements for standing, injury, causation, or damages.
How Long Do You Have to File a Pixel Tracking Lawsuit?
Deadlines for pixel-tracking lawsuits, including class action lawsuits, vary by statute and location. The timeline for a lawsuit varies significantly depending on whether it is filed in state or federal court and on which statutes are involved. Speak to an experienced attorney to determine the specific filing deadlines for your case.
Understanding Your Rights in Pixel Tracking Cases
When companies use hidden tracking tools, such as pixels, to collect user data and browsing activity without consent, they can be held accountable for privacy violations. If you believe your privacy rights have been violated by a company’s pixel tracking practices, preserve all potential evidence and seek legal counsel. You can also check Class Action U’s active news feed to learn about ongoing pixel tracking litigation.
