Third-Party Tracking Technologies Service Package

Integrated
Solution

Troutman’s Privacy + Cyber team has teamed up with LOKKER to offer a comprehensive and integrated solution that helps companies address litigation exposure while achieving business goals.

The Real Exposure

California plaintiffs’ attorneys have sent tens of thousands of demand letters, and filed more than 1,800 class action lawsuits against businesses across the U.S. under the California Invasion of Privacy Act (CIPA) and similar wiretapping laws. They claim data transfers via third-party cookies, pixels, and trackers without consent are illegal “interceptions” under these laws. CIPA provides for up to $5,000 in damages per violation — this is not hypothetical as new lawsuits are filed each week. They are settling for tens of thousands of dollars or resulting in litigation costing hundreds of thousands or millions of dollars.

Any website or app using pixels, SDKs, cookies, or tracking technologies is at risk.

The Value Proposition

Troutman’s Privacy + Cyber team has teamed up with LOKKER to offer a comprehensive and integrated solution that helps companies address litigation exposure while achieving business goals, which includes:

The package includes fixed-fee pricing and a clear scope of services and activities. It is cost-effective and designed to help companies avoid much more costly claims and litigation.

Provides a full understanding of exposure and issues associated with the use of tracking technologies and helps assess the functionality of consent management solutions.

Troutman’s Privacy + Cyber team will work with legal and business stakeholders to strike an appropriate balance between compliance and business results, including marketing, R&D, and product development teams.

Tracking technology risks are not static — technology, plaintiff strategies, services, marketing plans, and court rulings change over time. The package helps companies monitor this risk continuously and implement tracking technology governance to reduce exposure.

Division of Labor

Contacts

The Package Approach

  1. Starter Package – LOKKER scan under attorney-client privilege; meetings and legal advice for addressing this risk; and delivery of a Troutman written guidance and roadmap for balancing legal and business risks of tracking technologies.
  2. Remediation + Governance – Troutman provides a Tracking Technology governance program and updates privacy, cookie, and other policies. LOKKER consulting on tracking technology classification, remediation steps, and configuring consent management tools.
  3. Ongoing Scanning + Risk Assessment – Continuous monitoring by LOKKER’s scanner, monthly updates on findings, quarterly reviews and legal advice, and prioritized remediation efforts.
  4. Additional Assistance – Discounted blocks of legal and consulting time for deeper engagement outside of the fixed-fee structure.
Abstract digital image featuring curved lines made of small glowing dots in blue, purple, and pink tones, set against a dark blue background. The lines create a sense of motion and depth, resembling data streams or fiber optic cables.

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