Tracker Litigation Produces Diverging Standing and Class-Proof Signals

On October 23, the Fifth Circuit revived a Meta Pixel class action alleging transmission of eyewear-search and prescription data, finding the allegations plausible at the pleading stage rather than establishing transmission or liability. Other rulings indicate common technical evidence may support common proof for some CIPA claims, while a GoFundMe tracking suit was dismissed for lack of concrete injury despite allegations of tracking after cookie rejection. The contrasting outcomes underscore the importance of facts about capture, data sensitivity, identity linkage, and injury.