Video game developer Ubisoft, Inc. successfully defeated a wiretap class action lawsuit in the Northern District of California.
The judge ruled that plaintiffs had provided consent to the use of cookies and pixels through multiple interactions with the website.
The court determined that plaintiffs' consent was a defense to claims under the Federal Wiretap Act, California Invasion of Privacy Act, California Constitution, and Common-Law Invasion of Privacy.
Companies are advised to improve website Privacy Policy disclosures, ensure clear and user-friendly cookie preferences, and clearly communicate the use of third-party trackers and data disclosure to users.