New California Laws. What You Need to Know.
- Feb 11
- 4 min read
Updated: Feb 11
One of our long term clients brought something to our attention today.
Aggressive lawsuits are being filed against hundreds of business websites right now. The target: websites built on WordPress, Wix, Squarespace, or Shopify that load common tracking tools like Google Analytics, reCAPTCHA, Facebook Pixel, Calendly, or embedded YouTube videos.
The claim: that loading these tools before asking for consent violates California privacy law.
If your site is accessible from California, you could be next.
Most business owners don’t even realize they’re at risk until they receive a demand letter.
Which our client received today.
What’s Actually Happening
Plaintiffs and law firms are scanning public websites looking for:
Google Analytics or Meta Pixel loading before consent
Missing or non-functional cookie banners
Privacy pages that don’t match actual tracking behavior
If any of these are found and especially if someone from California visits your site they may argue that you're violating:
The California Invasion of Privacy Act (CIPA)
The California Consumer Privacy Act (CCPA / CPRA)
These laws allow private individuals to sue for collecting or sharing identifiable data (like IP addresses) without prior consent even if you didn’t know your website was doing it.
“Recent cases show that just loading the homepage can be enough to trigger a claim.”
What Makes Websites Vulnerable
Here’s what we’re seeing across platforms:
1. Scripts Fire Before Consent
Tools like Google Analytics, Facebook Pixel, YouTube, reCAPTCHA, Calendly, and live chat typically load immediately on page view.
This happens even with most basic cookie banners unless script control is in place.
2. Cookie Banners Don’t Block Anything
A visible banner does not stop scripts.
Most default banners (including some on WordPress and Wix) display after trackers already load.
3. Legal Pages Are Missing or Generic
Many sites have no Privacy Policy, Cookie Disclosure, or Terms of Use.
Others use templates that don’t match the actual tools running on the site.
4. Lawsuits Are Being Filed Anyway
Even with legal pages, you can be sued if the site behavior contradicts what the policies say.
Courts are now allowing these cases to move forward.
Who’s Being Targeted?
Sites accessible from California
Businesses using embedded tools (even default settings)
Small and mid-size websites (seen as likely to settle)
DIY builders and agency-built sites alike
Some cases you should be aware of:
California Privacy Act Sparks Website Tracking Technology Suits
Explains how routine tracking tools are triggering legal complaints under CCPA and CIPA.Read on Bloomberg Law →
CIPA Claims Surge: What Every Company with a California-Facing Website Must Know Details the aggressive use of California’s Invasion of Privacy Act (a decades-old wiretapping law) against small business websites.Read on Jackson Walker →
Shah v. Capital One (2025)A federal judge allowed a claim to proceed based on tracking pixels alone—no breach involved. Client alert summary on Parker Poe →
Kaiser Permanente $46M Privacy Settlement Even large organizations are facing consequences for missing or misconfigured tracking tools.SF Chronicle coverage →
What to Check Right Now
Ask yourself:
Do I have a Privacy Policy that clearly explains what tools my website uses?
Is there a Cookie Disclosure linked in the footer?
Does the cookie banner load before any tracking scripts?
Do I use reCAPTCHA, Google Analytics, videos, maps, or marketing embeds?
Have I manually reviewed this in the last 6 months?
If you answered no or not sure to any of the above, your site is likely exposed.
We believe these lawsuits are unfair—and they're targeting almost every website. This isn’t about whether you did something wrong. It’s about how common website tools behave by default, and how that’s being interpreted under California privacy law.
If your site is accessible online even if you’re not located in California you could be swept into these claims simply because your site loads scripts like Google Analytics, reCAPTCHA, or embedded video players before a user gives consent.
What You Can Do
Option 1: FREE DIY TUTORIAL
If you want to handle this yourself. we've created a free DIY tutorial:
Option 2: Custom Legal Pages (We Do It)
If you'd rather have this handled, we're offering custom legal pages for $698 (normally $1,698) through the end of February.
We'll write and install three fully customized legal documents tailored to your actual site behavior not generic templates.
Privacy Policy: Explains how your site collects data, what tools are involved, and how users can control their information.
Cookie Disclosure: Breaks down all third-party tracking tools, their purpose, and consent options.
Terms of Use: Establishes site usage rules, limitations of liability, and acceptable behavior.
Why This Matters
Courts are now comparing what your site does technically with what your legal pages say.
If there's a mismatch, that’s where lawsuits are being filed.
Generic Templates Are Not Enough
Your legal pages must:
List specific tools used on your site (like Google Analytics, Facebook Pixel, Calendly, etc.)
Explain exactly what data is collected and why
Describe how consent is obtained
Be visible on every page, usually in the footer
Match the actual behavior of your website at page load
If your current pages don’t meet these standards, you’re vulnerable.
What You Get
1-on-1 intake to understand your site’s tools and structure
Custom-drafted Privacy Policy, Cookie Disclosure, and Terms of Use
Text installed on your site in a fully accessible, footer-linked format
Legal language aligned with California CCPA, CPRA, and CIPA risk mitigation
This is not a scare tactic it's a limited-time offer to help you stay ahead of fast-moving privacy litigation trends.
If you’d like help reviewing your risk level or want to move forward with legal pages or consent tools, reply or book a quick call.
Consent Control Add-On
Need more than just a banner?
We control all non-essential tracking and align your site’s behavior with current legal standards as closely as we can. Pricing is based on a site review.
This combination meets the core compliance expectations now being used by attorneys and courts.
Questions?
Want us to help?
Send an email to contact@illustrateddomain.com or book a call
Stay protected. Stay informed. Stay online.
Sarah A. Sherman
Founder · Strategic Partner
illustrated domain
m: +1 (408) 335 7378
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