The website advertising technology (adtech) companies use to understand how users interact with their websites is increasingly coming under threat of litigation. In the last six months, hundreds of class actions have been filed against companies using certain adtech in their websites, according to Shook Privacy and Data Security Practice Group Chair Al Saikali, Associate Jenn Hatcher and Summer Associate Avery Epstein.
Saikali, Hatcher and Epstein discuss the latest trends in adtech litigation in their article titled “Website Adtech Litigation: The Latest Trend in Privacy Class Actions,” published in The Legal Intelligencer.
In addition to breaking down the different types of technology at play, they give tips for continuing to use adtech while mitigating the legal risks. They recommend, for example, that companies disclose the use of such adtech.
“Express, prior consent is key,” they said. “It is important that you work with experienced privacy counsel because a ‘cut-and-paste’ approach is dangerous with respect to website adtech that is customized to your environment and marketing needs.”