Document Type

Blog Post

Publication Date

3-23-2026

Abstract

Website cookie banners have become a ubiquitous part of internet browsing and are often overlooked by the average consumer. When cookies malfunction or a website operator fails to obtain proper user-consent, it creates risk for potential privacy-related litigation regarding misrepresentation of data-collection practices. In several recent class action lawsuits filed in California, plaintiff-users claim to have opted out of non-essential cookies, but malfunctioning cookie banners continued to log user information. Often alleging unauthorized interception of their electronic communications under the California Invasion of Privacy Act (CIPA) or intrusion upon seclusion, consumers have brought claims against a variety of entities, including those in retail, media, hospitality, telecommunications, fast-food, and beverage products. It seems as if no industry with a public-facing website is safe. In the cookie-banner complaints filed to date, plaintiffs claim they had a reasonable expectation of privacy because defendants affirmatively represented that users could click to reject non-essential cookies before browsing the site.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on March 23, 2026.

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