Hi Reader,

My boys just turned 15, and I've officially entered the era of being shooed out of the kitchen whenever they're making Halloween plans with friends. Apparently refilling my water glass nearby now counts as eavesdropping.

Fair enough. Nobody likes being listened in on without saying yes first, and that includes the people visiting your website.

If you've ever run Facebook or Instagram ads, someone probably told you to install the Meta Pixel. So you pasted in the code and never thought about it again.

Well, now is a good time to think about it.

Website owners have been getting demand letters and lawsuits over tracking pixels, many under a California privacy law. (Not in California? These claims are brought on behalf of California visitors, so they can still reach you.)

A new law helps, but less than the headlines suggest.

California's SB 690 takes effect January 1, 2027. It blocks one type of pixel lawsuit, but:

• You can still be sued for wiretapping, the most common pixel claim. It argues your pixel is eavesdropping on visitors and passing what it hears to Meta.
• The tracking itself didn't become legal. The California Attorney General can still enforce these rules.

The real issue is timing. Most pixels fire the moment someone lands on your site, before they could click "Accept" on anything. Federal courts covering California have rejected the idea that visitors can consent after tracking starts. It's a bit like recording a phone call and asking permission after you hang up.

Where does your website land?

🔒 Lowest risk: Your pixels and tracking tools don't fire until a visitor clicks "Accept" on your cookie banner.

⚠️ Better than nothing: If waiting for consent isn't practical for your site, use a banner visitors have to click past that clearly says your website uses pixels and other tracking and analytics tools. It's much quicker to read than a privacy policy, and it helps show visitors were told up front.

Ask whoever manages your website (or check your banner settings yourself, if you built it) this one question: "Does any tracking fire before a visitor clicks Accept?"

The answer tells you a lot about your risk.

We dug into this exact issue on this week’s Fine Print Academy™ Q&A call, and members brought their own sites to talk through. It’s our membership for online business owners who want attorney guidance, done-with-you contract templates, and a solid legal foundation.

You can bring your website questions to a live call with an attorney, or send them privately and get a written answer in a few business days.

​Learn more about joining The Fine Print Academy™​

Already a member? Check out the recording from this week’s call on Wed Oct 21st. We had a great discussion about this! You can also bring your website to next week's call for us to chat about, or send it in as a private question. We'll help you sort out next steps.

To (legally) staying in touch,
Autumn