Leslie Shanklin, Jeff Warshafsky, Aaron Francis, and Anna W. Chan of Proskauer write:
- There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies.
- Defendants are asserting standard defenses including lack of Article III standing as well as challenging the 2007 Arizona law’s applicability to email tracking pixels.
Class action lawsuits targeting pixels and other tracking technologies are showing no signs of slowing, and while most of these cases have focused on website tracking tech and California’s wiretapping law, there has been a more recent surge of cases in Arizona alleging violations of Arizona Telephone, Utility, and Communication Service Records Act A.R.S. § 44-1376 et seq. (the “Arizona Law”) based on email pixel tracking. As we previously reported, a few cases focused on tracking pixels in emails popped up late last year, based both on the California Invasion of Privacy Act (CIPA) and the Arizona Law, and a new group of these cases has recently been filed accusing several companies, including Target (Smith v. Target Corporation.), Gap (Carbajal v. Gap Incorporated et al.), Lowe’s and Salesforce (Dominguez v. Lowe’s Companies Incorporated et al.) of embedding “spy pixels” in marketing emails in violation of the Arizona Law.
Read more at Proskauer on Privacy.