Embedding Pixels in the backend can actually hide for so long, and just including a disclaimer in the terms of service can exempt liability? The California court is serious this time.

Southern District Court of California Couture v. OpenAI class action lawsuit filed on May 13, alleges that ChatGPT.com runs Facebook Pixel and Google Analytics in the background, uses conversations for targeted advertising without disclosure, covering approximately 400 million US visitors. The plaintiffs claim, under ECPA, that conversations are electronic communications, and JavaScript forwarding constitutes illegal interception; if considered calls, the terms of service are not a valid defense. They request to disable tracking and seek damages of $5,000 per violation, with potential scale reaching billions of dollars.