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Spy pixels and hidden website tracking

Invisible trackers in emails and websites can report when you open a message, where you are, what you click, and what you watch, often to third parties you never agreed to.

What spy pixels do

A tracking pixel is a tiny, invisible image or script. In an email, it can tell the sender when and where you opened it. On a website, trackers from social media and ad companies can capture the pages you visit, the searches you run, the videos you watch, and sometimes what you type into forms or chat windows.

Laws that may apply

  • California Invasion of Privacy Act. Secretly intercepting communications, or using certain hidden tracking tools, can carry $5,000 per violation or three times actual damages Cal. Penal Code §§ 631, 638.51, 637.2.
  • Video Privacy Protection Act. Sites that share which videos you watched with a third party without proper consent may owe $2,500 per violation 18 U.S.C. § 2710.
  • Medical privacy. Health websites that pass your medical information to advertisers may violate California’s Confidentiality of Medical Information Act Civ. Code § 56.36.
  • Florida and Texas interception laws may apply in some cases. See our state law guide.
This area of law is changing quickly. Courts disagree on some tracking claims, and California lawmakers have considered limiting them. Whether you have a claim depends on the site, the tracker, and current law, so act early.

Signs you were tracked

  • You saw ads about a private health condition, a video, or a product right after visiting a site about it.
  • You used a chat window on a website that didn’t say it was being recorded or shared.
  • A marketing email “knew” when you opened it.

Questions

Do I need to prove I was harmed?

Some privacy statutes provide set damages per violation. Whether that applies depends on the statute and the facts.

Can this be a class action?

Yes. Tracking claims often affect thousands of people and may be brought as class actions.

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