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When Routine Marketing Triggers a Class Action: Defending Subject-Line, Tracking-Pixel, and Video-Privacy Claims

Promotional subject lines, tracking pixels, chatbots, and embedded video now draw class actions carrying statutory damages per message or visit. Spot which theory applies, audit a client’s marketing stack and consent architecture, and deploy the defenses actually surviving motions to dismiss.

2026-09-16 13:00:00

2 hours

Program Details

2026-09-16 13:00:00

2026-09-16 13:00:00

2h CLE Credits

2026-09-16 13:00:00

2 hours

Program Details

2026-09-16 13:00:00

Program Details

2026-09-16 13:00:00

Over 1,000+ webinars

2026-09-16 13:00:00

2 hours

Course Overview

Ordinary Marketing Just Became a Class-Action Liability

2026-09-16 13:00:00

A subject line, a Meta pixel, a chatbot log, an embedded video — none of this used to draw litigation. All of it does now. After the Washington Supreme Court’s 2025 decision in Brown v. Old Navy, more than a hundred CEMA class actions followed in a single year.

Copycat filings spread to Maryland, Indiana, and — as of spring 2026 — Florida under FEMCA. Add a pixel, face CIPA pen-register and session-replay claims. Embed a video, face the VPPA, now before the U.S. Supreme Court in Salazar v. Paramount Global. Washington’s June 2026 CEMA amendment cut per-message damages and added a knowledge requirement, pushing plaintiffs toward the newer theories.

Litigators who have argued these exact motions map the plaintiffs’ bar playbook, then turn to the defense side. The work product follows: statutory and common-law defenses, Article III standing arguments, marketing-stack audits, consent architecture, and vendor-contract terms. You walk out with judgment on which theory applies and which defenses are working right now.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Subject-Line Statutes
Apply Washington CEMA post-Brown v. Old Navy, its June 2026 amendment, and the Florida FEMCA copycat claims.
02
Wiretap Theories
Analyze pixel, session-replay, chatbot, and pen-register claims under California CIPA and the ECPA.
03
VPPA Exposure
Track the VPPA circuit split and Salazar v. Paramount Global in the October 2026 Term.
04
Damages And Standing
Apply per-violation damages math, demand-letter mechanics, and Article III standing arguments.
05
Statutory Defenses
Deploy the statutory pixel defenses and common-law defenses that are surviving motions to dismiss.
06
Compliance Build
Audit the marketing stack, set consent architecture and vendor contract terms, and build cross-functional rapid-response playbooks.

Program schedule

clock 1:00 pm - 2:00 pm EST

Plaintiff-Side Digital Marketing Class Actions

Walk through the plaintiffs’ bar playbook across Washington CEMA post-Brown v. Old Navy, Florida FEMCA copycat filings, California CIPA wiretap and pen-register theories on Meta Pixel and session-replay tools, the VPPA circuit split, and per-violation damages math.

Ian M. RossIan M. Ross
Jacquelyn E. FradetteJacquelyn E. Fradette
clock 2:10 pm - 3:10 pm EST

Defending ECPA, CIPA, VPPA and Other AdTech Class Actions

Deploy the defensive and preventive toolkit for AdTech class actions, including statutory pixel defenses, common-law defenses, Article III standing considerations, marketing-stack audits, consent architecture, vendor contract drafting, and cross-functional compliance build and rapid-response playbooks.

Ian M. RossIan M. Ross
Jacquelyn E. FradetteJacquelyn E. Fradette
Ian M. Ross

Ian M. Ross

Sidley Austin LLP

Jacquelyn E. Fradette

Jacquelyn E. Fradette

Sidley Austin LLP

Ian M. Ross

Ian M. Ross

Sidley Austin LLP

Ian M. Ross is a Partner at Sidley Austin LLP and a Co-Leader of the firm’s Consumer Class Actions practice, based in the firm’s Miami and Chicago offices. Ian is an experienced trial lawyer who represents clients in business disputes, commercial and securities litigation, nationwide class actions, and government investigations. He regularly handles high-stakes litigation matters across the country and is often asked to defend his clients in class actions involving novel privacy and statutory theories. In recent years, he has written and spoken extensively on emerging theories of liability under national and state privacy and consumer protection laws.

Education & Credentials

Ian earned his J.D., cum laude, from Duke University School of Law (2005), where he served as Executive Editor of the Duke Journal of Comparative and International Law, and his B.A. with honors in Political Science from Johns Hopkins University (2002). He is admitted to practice in Florida and Illinois, and to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida and the Northern District of Illinois.

Recognition & Leadership

Ian is ranked by Chambers USA for his Florida practice in Securities Litigation (Band 1; 2022–2026) and in General Commercial Litigation (2022–2026) and has been recognized in The American Lawyer's "Litigator of the Week" publication three times in the last two years. He is ranked in The Best Lawyers in America for Litigation – Securities (2026), Florida Legal Elite (2023–2025), Florida Super Lawyers (2023–2026), and Legal 500 United States, and is AV-Preeminent-rated by Martindale-Hubbell (2025). He received the Daily Business Review's Florida Legal Award for Social Impact (2021) for his pro bono representation of detainees and asylum seekers.

Professional Involvement

Ian serves as Vice-President/President Elect of the Americans for Immigrant Justice Board, is a member of the Florida Bar Association Cybersecurity and Privacy Law Committee and Business Law Committee and serves on the Regional Board of Read to a Child, South Florida. He serves on the editorial board of the Enhanced Scrutiny blog, where the Sidley team provides timely updates and analysis on M&A and corporate governance matters from the Delaware courts. His analysis has been featured in the Florida Bar Journal, the Journal of Health and Life Sciences Law, Law360, and the Daily Business Review.

Experience

Ian has served as lead counsel and represented national companies in more than 20 national class actions arising out of federal and state consumer protection statutes, including retail, telecommunications, online retailing, food and beverage, sports and fitness, and home appliances. His successes include defeating class certification in a national class action brought against a sports and fitness company, prevailing on motions to dismiss standing and jurisdictional issues, and winning summary judgment in TCPA class actions. He has also represented corporations, directors and officers, and accounting firms in federal securities class actions and SEC, DOJ, and FDIC investigations involving insider trading, misappropriation, fraud, internal control audits, and financial restatements.
Jacquelyn E. Fradette

Jacquelyn E. Fradette

Sidley Austin LLP

Jacquelyn Fradette is a Partner at Sidley Austin LLP in Washington, D.C., and a trial lawyer who represents clients in all areas of litigation. She has tried cases through arbitration as well as in state and federal court, with experience spanning litigation strategy and pre-complaint analysis through trial, and a particular focus on hearings, depositions, and fact witness and expert testimony. Her practice covers commercial litigation and class action litigation arising under the False Claims Act, the Lanham Act, state consumer protection laws, state common law false advertising, breach of contract, and business tort claims, as well as federal and state constitutional claims and civil actions against government entities.

Education & Credentials

Jacquelyn earned her J.D., magna cum laude, from Notre Dame Law School in 2014, where she served as a Development Editor of the Notre Dame Law Review, and her B.A. from St. John’s College in 2007. She is admitted to practice in the District of Columbia and Maryland and before the U.S. Court of Appeals for the Armed Forces and the U.S. District Courts for the District of Colorado, the District of Columbia, and the District of Maryland.

Recognition & Leadership

Following law school, Jacquelyn was selected to serve as a law clerk to Judge Margaret A. Ryan of the U.S. Court of Appeals for the Armed Forces (2014–2015).

Professional Involvement

Jacquelyn is a member of the American Bar Association, the Maryland State Bar Association, and the National Association of Women Lawyers.

Experience

Jacquelyn has litigated for, and counseled, clients across industries including pharmaceuticals and biologics, OTC drugs, cosmetics, dietary supplements, medical devices, genetic testing, energy and oil and gas, outdoor advertising and publishing, and electronic financial transactions. Her recent representations include successfully defending a global sunscreen brand in parallel federal class actions over its labeled SPF protection; winning a complete defense verdict for a global pharmaceutical company in a class action over the labeling of 20 dietary supplement products; obtaining summary judgment and full dismissal in a class action against a major electronics retailer over sales price practices; securing voluntary dismissal of a Lanham Act competitor suit against a dietary supplement brand’s flagship product; and serving on trial teams in a federal trademark dispute, a complex Integrated Resource Plan proceeding that achieved all requested relief, and Clear Channel Outdoor’s First Amendment challenge to a tax on billboard publishers.
Ian M. Ross

Ian M. Ross

Sidley Austin LLP

Ian M. Ross is a Partner at Sidley Austin LLP and a Co-Leader of the firm’s Consumer Class Actions practice, based in the firm’s Miami and Chicago offices. Ian is an experienced trial lawyer who represents clients in business disputes, commercial and securities litigation, nationwide class actions, and government investigations. He regularly handles high-stakes litigation matters across the country and is often asked to defend his clients in class actions involving novel privacy and statutory theories. In recent years, he has written and spoken extensively on emerging theories of liability under national and state privacy and consumer protection laws.

Education & Credentials

Ian earned his J.D., cum laude, from Duke University School of Law (2005), where he served as Executive Editor of the Duke Journal of Comparative and International Law, and his B.A. with honors in Political Science from Johns Hopkins University (2002). He is admitted to practice in Florida and Illinois, and to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida and the Northern District of Illinois.

Recognition & Leadership

Ian is ranked by Chambers USA for his Florida practice in Securities Litigation (Band 1; 2022–2026) and in General Commercial Litigation (2022–2026) and has been recognized in The American Lawyer's "Litigator of the Week" publication three times in the last two years. He is ranked in The Best Lawyers in America for Litigation – Securities (2026), Florida Legal Elite (2023–2025), Florida Super Lawyers (2023–2026), and Legal 500 United States, and is AV-Preeminent-rated by Martindale-Hubbell (2025). He received the Daily Business Review's Florida Legal Award for Social Impact (2021) for his pro bono representation of detainees and asylum seekers.

Professional Involvement

Ian serves as Vice-President/President Elect of the Americans for Immigrant Justice Board, is a member of the Florida Bar Association Cybersecurity and Privacy Law Committee and Business Law Committee and serves on the Regional Board of Read to a Child, South Florida. He serves on the editorial board of the Enhanced Scrutiny blog, where the Sidley team provides timely updates and analysis on M&A and corporate governance matters from the Delaware courts. His analysis has been featured in the Florida Bar Journal, the Journal of Health and Life Sciences Law, Law360, and the Daily Business Review.

Experience

Ian has served as lead counsel and represented national companies in more than 20 national class actions arising out of federal and state consumer protection statutes, including retail, telecommunications, online retailing, food and beverage, sports and fitness, and home appliances. His successes include defeating class certification in a national class action brought against a sports and fitness company, prevailing on motions to dismiss standing and jurisdictional issues, and winning summary judgment in TCPA class actions. He has also represented corporations, directors and officers, and accounting firms in federal securities class actions and SEC, DOJ, and FDIC investigations involving insider trading, misappropriation, fraud, internal control audits, and financial restatements.
Jacquelyn E. Fradette

Jacquelyn E. Fradette

Sidley Austin LLP

Jacquelyn Fradette is a Partner at Sidley Austin LLP in Washington, D.C., and a trial lawyer who represents clients in all areas of litigation. She has tried cases through arbitration as well as in state and federal court, with experience spanning litigation strategy and pre-complaint analysis through trial, and a particular focus on hearings, depositions, and fact witness and expert testimony. Her practice covers commercial litigation and class action litigation arising under the False Claims Act, the Lanham Act, state consumer protection laws, state common law false advertising, breach of contract, and business tort claims, as well as federal and state constitutional claims and civil actions against government entities.

Education & Credentials

Jacquelyn earned her J.D., magna cum laude, from Notre Dame Law School in 2014, where she served as a Development Editor of the Notre Dame Law Review, and her B.A. from St. John’s College in 2007. She is admitted to practice in the District of Columbia and Maryland and before the U.S. Court of Appeals for the Armed Forces and the U.S. District Courts for the District of Colorado, the District of Columbia, and the District of Maryland.

Recognition & Leadership

Following law school, Jacquelyn was selected to serve as a law clerk to Judge Margaret A. Ryan of the U.S. Court of Appeals for the Armed Forces (2014–2015).

Professional Involvement

Jacquelyn is a member of the American Bar Association, the Maryland State Bar Association, and the National Association of Women Lawyers.

Experience

Jacquelyn has litigated for, and counseled, clients across industries including pharmaceuticals and biologics, OTC drugs, cosmetics, dietary supplements, medical devices, genetic testing, energy and oil and gas, outdoor advertising and publishing, and electronic financial transactions. Her recent representations include successfully defending a global sunscreen brand in parallel federal class actions over its labeled SPF protection; winning a complete defense verdict for a global pharmaceutical company in a class action over the labeling of 20 dietary supplement products; obtaining summary judgment and full dismissal in a class action against a major electronics retailer over sales price practices; securing voluntary dismissal of a Lanham Act competitor suit against a dietary supplement brand’s flagship product; and serving on trial teams in a federal trademark dispute, a complex Integrated Resource Plan proceeding that achieved all requested relief, and Clear Channel Outdoor’s First Amendment challenge to a tax on billboard publishers.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.5
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs