Website Cookie & Tracking Defense — Florida Business Attorneys

Why Businesses Are Being Sued Over Cookies

If your website uses Google Analytics, Meta Pixel, live chat tools, session replay software, or any third-party tracking technology — you may already have exposure you don’t know about.

Plaintiffs’ attorneys are filing demand letters and lawsuits against businesses across Florida and nationwide, alleging that these common tools are collecting user data without proper consent or disclosure. The claims often reference:

• Florida’s wiretapping law — which can apply to the interception of online communications and user activity on your website
• The California Invasion of Privacy Act (CIPA) — which is being used to target businesses whose websites are visited by California residents, regardless of where the business is located
• Federal privacy statutes — including the Electronic Communications Privacy Act (ECPA)

These aren’t fringe legal theories. Courts have allowed many of these cases to proceed, and settlements can reach into the tens of thousands of dollars — even for small businesses that had no idea their website was creating legal risk.

We’ve defended businesses against these exact claims. Many were resolved quickly and favorably once the right legal strategy was in place.

What Creates the Risk

The Tools You Use Every Day May Be the Problem

Most business owners aren’t aware that standard marketing and analytics tools can serve as the basis for a cookie or wiretapping claim. The following are the most common triggers we see:

• Session replay software (tools that record how users click, scroll, and interact with your site)
• Third-party chat widgets (live chat tools that may capture and transmit conversation data)
• Advertising pixels (Meta, TikTok, Google, and others that track user behavior for ad targeting)
• Analytics platforms (tools that collect IP addresses, location data, and browsing patterns)
• Contact and lead forms that collect data without clear disclosures

The core legal issue is usually one of two things: either the business didn’t disclose what it was collecting, or it didn’t obtain proper consent before the data was captured. In some cases, both.

What to Do (and What Not to Do) If You’ve Been Served

Received a Demand Letter or Lawsuit? Read This First.

Being served with a cookie or wiretapping claim is alarming — but how you respond in the first days matters enormously. Here’s a clear breakdown of what to do and what to avoid.

WHAT TO DO

1. Contact an attorney immediately.
   Do not wait. These claims have deadlines, and your response window may be shorter than you think. An experienced attorney can assess the strength of the claim, identify defenses, and begin building your position right away.
2. Preserve everything.
   Do not delete, alter, or modify your website, its code, its tracking scripts, or any communications related to the claim. Spoliation of evidence — even unintentional — can seriously damage your case.
3. Document your current website setup.
   Take screenshots. Note which third-party tools are active on your site, when they were installed, and what your privacy policy and cookie disclosures said at the time of the alleged conduct.
4. Review your privacy policy and consent mechanisms.
   Your attorney will want to know exactly what disclosures were in place, whether a cookie consent banner was present, and what your privacy policy said about tracking.
5. Let your attorney handle all communications.
   Do not respond to the opposing attorney directly. Anything you say — even casually — can be used against you. Route everything through counsel.

WHAT NOT TO DO

1. Don’t ignore the demand letter.
   Failing to respond can result in a default judgment against you. Even if you believe the claim is frivolous, it must be addressed.
2. Don’t immediately remove or change your website’s tracking tools.
   While you’ll eventually want to get compliant, making sudden changes after receiving a claim can look like an admission. Consult your attorney first before touching anything.
3. Don’t assume you’re automatically liable.
   Receiving a demand letter is not the same as losing a case. Many of these claims have real defenses — including lack of standing, consent, and statutory interpretation arguments that courts are still actively working through. We have successfully challenged these claims and had them resolved or dismissed.
4. Don’t try to handle it yourself.
   Cookie and wiretapping litigation is a specialized area. A general response or a DIY approach can waive defenses and expose you to greater liability.
5. Don’t panic.
   These cases are highly fact-specific. What your website actually did, what disclosures were in place, and where the plaintiff is located all affect the strength of the claim. An experienced attorney can assess your real exposure quickly.

How We Can Help

We’ve Been Here Before — and We Know How to Win

Trembly Law has successfully defended Florida businesses against cookie, tracking technology, and wiretapping claims. In a recent case, we represented an out-of-state e-commerce company facing claims tied to its online tracking practices. After reviewing the website, its policies, and supporting documentation, our team identified key defenses that strengthened the client’s position — and resolved the matter in under two weeks from engagement.

Our approach is direct and efficient:

• Rapid assessment of the claim and your real exposure
• Review of your website, tracking tools, privacy policy, and consent mechanisms
• Defense strategy built around the specific facts of your case
• Resolution as quickly as possible — without unnecessary litigation when it can be avoided

Whether you’ve just received a demand letter or a lawsuit has already been filed, we move fast and we know this area of law.

Get Ahead of It

Haven’t Been Sued Yet? Now Is the Time to Act.

If you haven’t received a demand letter yet, proactive compliance review is far less expensive than defending a claim. We can assess your current website setup, identify areas of exposure, and help you put the right disclosures and consent tools in place — before a plaintiff’s attorney finds the issue first.

A compliance review typically covers:

• Active tracking scripts and third-party tools
• Privacy policy language and accuracy
• Cookie consent banner presence and functionality
• Data collection and storage practices

Sued Over Your Website’s Cookies? We Can Help.

Whether you need to defend an active claim or get your website into compliance before one is filed — Trembly Law is ready. Contact us today.