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Privacy laws by state

State website privacy laws, mapped

Two very different families of law shape what your website can do with trackers. Knowing which one applies to you is the first step.

1. Wiretapping & session-recording statutes

These older "all-party consent" communications laws are the engine of the session-replay and pixel lawsuit wave. Many carry statutory damages and a private right of action, which is why they generate so many demand letters.

California — CIPA California's wiretapping statute is the engine behind the session-replay and pix… Pennsylvania — WESCA Pennsylvania is an all-party-consent wiretapping state, and its statute has been… Florida — FSCA Florida's two-party-consent communications statute has generated its own wave of… Massachusetts — Wiretap Act Massachusetts' two-party-consent wiretap statute is another basis for website se…

2. Comprehensive consumer-privacy laws

The newer wave of state laws grants consumers opt-out and access rights and requires honoring universal opt-out signals. Most are enforced by state Attorneys General rather than through private lawsuits.

California — CCPA/CPRA California's comprehensive privacy law gives consumers the right to opt out of t… Washington — My Health My Data Washington's health-data law is unusually broad — and, notably, individuals can … Texas — TDPSA Texas' comprehensive privacy law took effect in 2024 and requires honoring opt-o… Colorado — CPA Colorado's comprehensive law requires honoring universal opt-out signals for tar… Virginia — VCDPA Virginia enacted the first comprehensive US state privacy law after California, …

The common thread

Across every one of these laws, the practical question is the same: are third-party trackers collecting visitor data before consent? Answer that and you've addressed the core of most of them at once.

See if trackers fire on your site before visitors consent — free, 30 seconds.

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