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Plaintiff’s lawyers struggling to find another nuisance suit cash grab in a desert of privacy laws without a private right of action appear to have found their oasis.
A new wave of class action lawsuits has emerged in Arizona, targeting companies for their use of email tracking pixels. These cases allege violations of Arizona’s Telephone, Utility, and Communication Service Records Act (A.R.S. §44-1376 et seq.), which prohibits the unauthorized collection of “communication service records.”
Like a hiker desperate for water in the Valley of the Sun, plaintiff’s firms are desperately trying to tie the little-known law to common email tracking pixel technologies. With the potential for class-action litigation and significant financial exposure, companies relying on these technologies must reassess their risk.
Email tracking pixels are small, typically invisible image files embedded into many mass marketing emails. These pixels are typically one pixel by one pixel in size — hence the name — and are hosted on a remote server. When a recipient opens an email containing such a pixel, their device automatically loads the image from the server, which generates a record of the interaction.
While tracking pixels might sound sinister, these tools are widely used in digital marketing and analytics to track user engagement. Their capabilities include:
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When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.