Could Your Website Be at Risk? What Businesses Should Know About CIPA and Website Tracking

Recently, CIPA has become a topic of conversation for many businesses that rely on website tracking tools. Over the past year, more businesses have received demand letters claiming that common tools may violate California privacy laws. For many organizations, these letters have raised an unexpected question: Is our website configured correctly?

So, what is CIPA, and does receiving one of these letters mean your website has done something wrong? Not necessarily. The California Invasion of Privacy Act (CIPA) is an evolving legal issue, and courts have not reached a universal conclusion about how the law applies to modern website technologies. However, the increase in CIPA-related claims has given businesses a good reason to take a closer look at how their websites collect visitor data.

For many organizations, that starts with a website privacy or compliance audit.

What Is CIPA?

The California Invasion of Privacy Act, commonly known as CIPA, is a California law originally created to address unauthorized recording and wiretapping of private communications.

Recently, some lawsuits have argued that certain website tracking technologies may fall under CIPA if they collect information from website visitors without proper consent. These claims often involve tools that many businesses use every day, including analytics platforms, advertising pixels, chat features, and session replay software.

It is important to understand that a CIPA demand letter is not the same thing as a government enforcement action or proof that a business has violated the law. These cases are part of private litigation, and the legal interpretation of website tracking technologies continues to develop.

Still, these concerns have encouraged businesses to be more proactive about understanding what happens behind the scenes of their websites.

Why Is Website Tracking Getting So Much Attention?

Modern websites rely on many third-party tools to function effectively.

• Analytics tools help organizations understand how visitors interact with their websites.
• Advertising pixels help measure campaign performance.
• Chat tools make it easier to connect with potential customers.
• Heatmaps and session replay tools provide insight into user behavior.

These technologies can provide valuable information when used responsibly. The concern is not always the tool itself. More often, the question is how the tool is configured and when it begins collecting information.

For example, a tracking script that loads before a visitor has had the opportunity to make a privacy choice may create a different situation than a tool that waits for appropriate consent.

What Is a Website Privacy Audit?

A website privacy audit is a review of how your website collects, stores, and shares visitor information.

The purpose of an audit is to help businesses understand their current website setup, identify potential areas for improvement, and make informed decisions alongside their legal or compliance teams.

A website privacy audit may include reviewing:

• Analytics and tracking tools currently installed on your website
• Advertising pixels and marketing integrations
• Cookie settings and consent preferences
• Third-party scripts loading on your pages
• Plugins, applications, and integrations connected to your website
• Privacy-related website settings and disclosures

Many businesses are surprised by what they find during this process. A tracking script may have been added years ago for a marketing campaign, a plugin may have introduced new functionality, or an old integration may still be collecting data even though no one actively uses it anymore.

Regular reviews help ensure your website continues to reflect your organization’s current needs.

Does Your Website Need a Privacy Review?

Every website changes over time. New campaigns are launched, software is added, pages are redesigned, and marketing tools are connected.

A website privacy audit may be especially valuable if:

• Your website has not been reviewed in several years
• You recently completed a website redesign
• You added new analytics or advertising tools
• Your website uses multiple third-party integrations
• You are unsure what tracking technologies are currently active
• Your organization serves visitors in California or other regions with privacy regulations
• You have received a CIPA-related demand letter

Even businesses that have not received a letter can benefit from understanding how their website operates.

Privacy is no longer something that only concerns large technology companies. For organizations of every size, a website is often one of the primary ways people interact with a brand. Knowing how that experience works—and what information is being collected—helps build confidence for both businesses and their audiences.

How Businesses Can Respond to CIPA Concerns

If you receive a CIPA demand letter or have concerns about your website tracking setup, there are several practical steps you can take.

First, preserve any letters or communications you receive. Avoid making assumptions about what the claim means before reviewing the details.

Next, take inventory of your website tools. Identify what tracking technologies are installed, when they load, and whether they are still necessary.

Finally, work with the appropriate professionals. Legal counsel can help you understand your obligations and determine the right response, while your web team can help review and adjust the technical setup of your website.

How Cross & Crown Helps Businesses Build Better Websites

At Cross & Crown, we believe a successful website is one that’s thoughtfully built, strategically maintained, and aligned with the goals of the organization it represents.

As part of our web design and development services, we help clients understand how their websites function, including analytics tools, marketing integrations, third-party scripts, and other behind-the-scenes technology.

While we do not provide legal advice or determine whether a website is legally compliant, we can help identify technical considerations, review website configurations, and implement updates recommended by your legal or compliance teams. A website privacy audit is a practical way to better understand your digital presence and identify opportunities to strengthen your website.

Whether you are responding to new privacy concerns or simply want a clearer picture of how your website works, taking time to review your setup can help you move forward with greater confidence. Contact our team today.