Pixel Litigation Class Action Defense
Precision Forensics. Strategic Defense Support.
Overview
The increasing use of Meta pixels and other “tracking technologies” has exposed businesses to heightened legal risks, with allegations of unauthorized data collection leading to a surge in class action litigation. A healthcare provider was named in such a lawsuit alleging unauthorized data sharing through tracking pixels embedded on its website. Plaintiffs claimed that sensitive user data, including HIPAA-protected information, had been shared with third parties without consent. The legal team needed immediate forensic support to understand the scope of exposure and build a technical defense.
Challenge
The lawsuit centered around marketing pixels, session trackers, and third-party analytics tools on public-facing patient portals and appointment scheduling pages. Plaintiffs alleged these tools collected personally identifiable information (PII) and transmitted it to social media platforms. The defense needed to determine whether sensitive data was recorded and transmitted, how pixels were implemented, and if privacy policies were violated.
PNG Cyber’s Response
Forensic Investigation and Data Mapping
PNG Cyber was engaged by counsel to conduct a forensic investigation of the client’s web properties. Our team identified and mapped all third-party tracking pixels and analytics tags across the relevant domains. We reconstructed historical page functionality using archived content and CDN logs and conducted packet-level analysis to determine what data, if any, was transmitted to third parties.
Collaboration and Defense Support
Based on our findings, we provided expert affidavits and technical reports to support a motion to dismiss. Throughout the engagement, we collaborated closely with counsel to develop evidence-backed narratives addressing intent, scope, and remediation efforts.
Results
Expert forensic analysis and ability to examine functionality of various data collection tools like tracking pixels.
Provided detailed timeline and data flow analysis to establish a clear fact pattern.
Demonstrated that no sensitive health data or form submissions were transmitted to third parties.
Helped narrow class certification arguments by showing technical limitations of pixel capture.
Supported the legal team’s defense strategy through expert reports and testimony.
