Privacy Litigation Report: October and November 2025 Takeaways
In this post: (1) Selection of law in a choice-of-law forum can defeat privacy claims; (2) The Arizona Court of Appeals shuts down “spy pixel” litigation; (3) Multiple decisions provide guidelines as to when claims are likely to be dismissed for lack of standing; (4) Consent rises and falls on implementation but plaintiffs cannot avoid the issue; and (5) Courts in the 3rd and 9th Circuit disagree whether simultaneous messages are intercepted while in transit. Welcome to our monthly update on how courts across the nation have handled privacy litigation involving website tools such as cookies, pixels, session replay, and similar technologies. In this post, we cover decisions from October and November 2025. Many courts are currently handling data privacy cases across the U.S. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation you would like to know more, please reach out. The contents provided below are time-sensit...