Adtech & Digital Tracking

Overview

We leverage our understanding of adtech tools and the evolving regulatory and litigation climate to tailor responsible solutions for you to stay ahead of the curve. Our interdisciplinary team of compliance professionals, cyber and AI advisors, and litigators across the United States delivers industry- and tech-specific practical advice that your legal, marketing, digital, IT, and compliance teams can understand.

And when you grapple with litigation challenges, Alston & Bird works with you on the use of digital tracking, including cookie banners, session replay and chat tool software, and online tracking tools or SDKs that are the subject of wiretapping and trap and trace allegations. We also handle disputes over particular types of data, such as videowatching data, sensitive information and PHI, biometric data, and financial data.

We’ve helped manage adtech issues across a wide range of industries, including automobile and consumer packaged goods manufacturers, retailers, health care providers, insurance companies, content providers, tech and telecom companies, and more.

In addition to our robust data breach practice, our team of class action attorneys, trial lawyers, and former government attorneys has been on the forefront of advertising privacy litigation. We have achieved results in pending and threatened government investigations, class action litigation, mass arbitrations, and individual suits under federal and state privacy legislation such as the Electronic Communications Privacy Act (ECPA), California Invasion of Privacy Act (CIPA), California Consumer Privacy Act (CCPA), Florida Security of Communications Act (FSCA), Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA), Computer Fraud and Abuse Act (CFAA), call recording laws, Foreign Intelligence Surveillance Act, Video Privacy Protection Act (VPPA), and Fair Credit Reporting Act (FCRA). We regularly assist clients with advertising disputes under the Telephone Consumer Protection Act (TCPA), Americans with Disabilities Act (ADA), California’s “Yelp Law” and anti-spam law, Lanham Act, and similar laws.

We make sense of this vast array of federal and state laws that can trip up even the most compliant companies. Whether you’re managing risk, facing regulatory hurdles, or fighting litigation, we’re with you every step of the way.

Experience

Litigation

• Defending an international sports content provider in two Video Privacy Protection Act matters involving third-party trackers; secured a favorable class action settlement through technical evidence.
• Representing a mobile carrier in a nationwide adtech putative class action alleging unauthorized disclosure of customer proprietary network information and other personal data.
• Defending a large health care system against eight parallel federal and state putative class actions challenging the use of website tracking technologies.
• Counsel to an online real estate company in a putative class action alleging violation of the California Invasion of Privacy Act due to alleged use of pixels on a website without consent.
• Defended a bedding manufacturer in two California Invasion of Privacy Act lawsuits in Los Angeles Superior Court; won full dismissal of both cases.
• Lead counsel to a health care company in high-profile privacy class action litigation arising out of Facebook Pixel to capture website users’ information. 
• Obtained the dismissal of a California Invasion of Privacy Act claim in a putative class action against a health care company.
• Represented a Fortune 10 company alleging violation of the California Invasion of Privacy Act on a trap and trace theory due to a pixel on its website. The case was dismissed without any settlement.
• Represented a company in a lawsuit alleging violation of California’s driver’s license scanning statute, securing dismissal of claims brought under the California Consumer Privacy Act.
• Represented a national health care services company in a class action alleging an Illinois Biometric Information Privacy Act violation that was dismissed based on technical evidence without any settlement.