Legal Insights
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Legal Insights
Why Digital Privacy Cases Are Not ADA Cases
James Chung, Managing Partner, Pro Veritas Law LLP · April 10, 2026 · 5 minutes read
Defense counsel should understand from the outset that digital privacy violation cases are fundamentally different from ADA cases. They are not the same type of litigation.
Legal Insights
One Leak Is All It Takes
James Chung, Managing Partner, Pro Veritas Law LLP · April 10, 2026 · 5 minutes read
In the digital world, seeing is knowing — and knowing is game over. Even a single tracking pixel firing is enough to constitute a substantive privacy violation under California law.
Legal Insights
The Future of Digital Privacy Enforcement After Camplisson v. Adidas
James Chung, Esq., Managing Partner, Pro Veritas Law LLP · April 9, 2026 · 6 minutes read
The Camplisson v. Adidas ruling is not the end of the conversation — it is the beginning. Three converging developments are reshaping the digital privacy enforcement landscape.
Legal Insights
Federal Online Privacy Law Is Coming — What It Means for Your Website
James Chung, Esq., Managing Partner, Pro Veritas Law LLP · April 9, 2026 · 7 minutes read
Representative Zoe Lofgren has reintroduced H.R. 8014, the Online Privacy Act. Whether or not this specific bill advances, the regulatory trajectory is clear — and websites unprepared for heightened data-handling standards face growing compliance exposure.
Legal Insights
Meta's WhatsApp Encryption Under Fire: A Major Class-Action Lawsuit
James Chung, Esq., Managing Partner, Pro Veritas Law LLP · April 9, 2026 · 6 minutes read
A class-action lawsuit alleges Meta maintained backdoor access to WhatsApp messages despite marketing the platform as fully end-to-end encrypted. The case reflects the accelerating trend of courts treating unauthorized data access as concrete injury.
Legal Insights
Camplisson v. Adidas: Not Just Lowering the Bar — A Direct Call to Action for Collective Digital Privacy Enforcement
James Chung, Esq., Managing Partner, Pro Veritas Law LLP · April 8, 2026 · 7 minutes read
The Camplisson v. Adidas ruling sends a clear message: simply visiting a website and being tagged by a tracking pixel is enough to establish Article III standing under CIPA. This is a direct call to action for every privacy-minded citizen.
Legal Insights
Pixel Tracking Represents a Far Greater Privacy Intrusion Than Most Realize
James Chung, Esq., Managing Partner, Pro Veritas Law LLP · April 8, 2026 · 6 minutes read
A single invisible 1x1 tracking pixel can silently capture a visitor's IP address, device fingerprint, and browsing behavior. Once transmitted, that data propagates across the interconnected digital ecosystem.
Legal Insights
Defense Counsel — Stop Reaching for Technicalities and Look at the Real Problem
James Chung, Esq., Managing Partner, Pro Veritas Law LLP · April 9, 2026 · 3 minutes read
When our demand letters arrive, the first instinct is often to demand the plaintiff's identity, attack technicalities, or search for any possible hole. That reflex misses the entire point of these cases.
Legal Insights
Digital Privacy Violations Are a Leaky Pipe — And Once You're on Notice, the Meter Keeps Running
James Chung, Managing Partner, Pro Veritas Law LLP · April 4, 2026 · 4 minutes read
Digital privacy violations aren't one-and-done events. They're a leaky pipe. Every day the leak runs, more data pools. Once a company is put on notice, the law demands they stop — and continuing anyway turns ordinary liability into willful misconduct.
Legal Insights
The Adidas Ruling Lowers the Bar for Privacy Standing — A Wake-Up Call for Digital Compliance
James Chung, Managing Partner, Pro Veritas Law LLP · April 3, 2026 · 5 minutes read
In Camplisson v. Adidas America, Inc., a federal court held that a violation of privacy rights is an injury in itself. No proof of financial loss or concrete economic damage is required for standing.
Legal Insights
Ignoring Notices: How Continued Willful Ignorance Turns a Simple Fix Into a Costly Disaster
James Chung, Managing Partner, Pro Veritas Law LLP · April 4, 2026 · 5 minutes read
Each ignored notice makes the case stronger. Once proper notice has been given, continuing the same conduct shows willful and conscious disregard — exactly the behavior that supports punitive damages under Civil Code § 3294.
Legal Insights
The Bar Keeps Dropping: How California Courts Are Expanding Digital Privacy Standing — And Why Your Business Should Care
James Chung, Managing Partner, Pro Veritas Law LLP · April 4, 2026 · 5 minutes read
Over the last two years, California courts have steadily lowered the bar for plaintiffs bringing digital privacy claims. What used to require concrete economic harm now often needs little more than proof that someone visited your site.
Thought Leadership
Why Digital Privacy Is So Important—Especially Now
James Chung, Managing Partner, Pro Veritas Law LLP · April 1, 2026 · 4 minutes read
Managing Partner James Chung on why digital privacy is the first line of defense in an AI-driven world.
Legal Insights
Leading the Charge: Digital Privacy in the AI Era
James Chung, Esq. · March 31, 2026 · 6 minutes read
Managing Partner James Chung on AI-driven privacy enforcement, principled litigation, children's digital safety, and why the window for businesses to self-correct is narrowing.
The legal landscape around digital privacy and web accessibility is rapidly evolving. Courts across the country are increasingly holding businesses accountable for unauthorized data collection, privacy violations, and accessibility barriers on their websites. The following recent decisions illustrate the growing strength of consumer protection enforcement in the areas where our firm practices.
Privacy Law (CIPA)
Mikulsky v. Bloomingdale's
9th Circuit, June 2025
The Ninth Circuit reversed dismissal of CIPA claims, holding that a plaintiff sufficiently alleged the defendant aided third-party session replay providers in capturing website visitors' names, addresses, credit card information, and product selections without consent.
Camplisson v. Adidas America, Inc.
S.D. Cal., November 2025
Court allowed CIPA pen register claims to proceed, finding that website tracking pixels plausibly constituted illegal pen registers. The court noted that a privacy policy link in the footer was insufficient to establish consent.
Shah v. Fandom, Inc.
N.D. Cal., October 2024
Court denied motion to dismiss CIPA pen register claims, holding that IP address information collected by third-party trackers constituted 'addressing information' under the statute.
Moody v. C2 Education Systems
C.D. Cal., July 2024
Court refused to dismiss pen register claims, holding that TikTok fingerprinting software could qualify as a pen register under CIPA.
Video Privacy (VPPA)
Lee v. Springer Nature America
S.D.N.Y., 2025
Court approved a $900,000 class settlement for VPPA violations where Scientific American's website disclosed subscribers' Facebook IDs and viewing history to Meta via the Meta Pixel without consent.
Salazar v. National Basketball Association
2d Circuit, 2024
Landmark appellate ruling expanded the definition of 'consumer' under the VPPA, holding that signing up for a free email newsletter was sufficient to establish standing.
Gardner v. Me-TV National Limited Partnership
7th Circuit, 2025
Expanded VPPA liability by holding that plaintiffs who created free accounts to access personalized video features qualified as consumers under the statute.
Fubo VPPA Class Action Settlement
July 2025
Fubo agreed to pay $3.4M to settle class action for sharing users' video viewing history with third parties via tracking pixels, violating VPPA, CIPA, and California Civil Code § 1799.3.
Accessibility (ADA/Unruh)
Frasco v. Flo Health, Inc.
N.D. Cal., 2025
Court certified a California subclass for claims brought under CIPA § 632, demonstrating courts' willingness to certify classes in digital privacy cases.