The website privacy laws in the United States are being regulated and enforced more aggressively than ever before. In fact, over a dozen individual states are enforcing their own privacy laws on businesses operating websites both inside and outside of their respective states. Any business that fails to comply with a particular state’s privacy laws could face legal and financial challenges, such as fines of up to $7,988 per intentional violation, plus exposure to private lawsuits.
Why Website Privacy Laws are Expanding in 2026
Thousands of US businesses are receiving letters this year demanding $5,000 to $50,000 settlements over violations of website privacy laws.
Today’s advanced marketing platforms and analytical tools collect all kinds of information about website users in the form of cookies, such as their browsing history, location, what they search for, what they buy, and even how long they stay on a single webpage. Many users don’t even realize that modern websites track all of these activities.
State lawmakers throughout the country have responded by creating laws and regulations that require businesses to be more transparent with users about how their data is collected and used. Furthermore, businesses are obligated to provide effective consent options that give users control over how their data is collected and used, or if it is even collected at all.
Every website visitor must have the power to give or deny consent for websites to use their personal information. Despite the different state laws surrounding privacy rights, the one thing that most of them have in common is the consent requirement. If businesses don’t follow this requirement, they will likely receive a letter demanding a settlement payout.
California Sets the Standard for Website Privacy Regulation
The California Consumer Privacy Act (CCPA) is probably the best example of a state enforcing a strict privacy rights law. It grants several important privacy rights to Californian consumers, such as:
- The right to know which of their personal data is being collected
- The right to request that their personal data be deleted
- The right to correct inaccurate personal data of theirs
- The right to deny consent to sharing their personal data
Since January 1st, 2026, businesses covered by the CCPA must show on-screen confirmation that Global Privacy Control (GPC) browser signals have been honored. This applies to any California business that collects consumer data and meets specific data-processing or revenue thresholds. California businesses have an obligation to do the following:
- Publish easily accessible privacy policies on their websites
- Request and verify user consent regarding all private data usage
- Audit the risk levels and comply with all new privacy regulatory requirements
- Publish a “Do Not Sell or Share My Personal Information” link on the website
If a California business fails to comply with these requirements, they could face severe civil penalties under the enforcement of the California Privacy Protection Agency and the California Attorney General. These penalties typically include $2,500 per unintentional violation and $7,500 per intentional violation, especially if the violation involved the privacy of a minor under 16.
California Invasion of Privacy Act: An Old Law with Digital Relevance
The California Invasion of Privacy Act (CIPA) is a law that was passed in 1967 to ban wiretapping and eavesdropping on phone calls. The original California lawmakers who passed this law never imagined that it would eventually be used to restrict unauthorized data collection online.
The problem with the CCPA is that it focuses exclusively on consumer privacy rights rather than individual privacy rights. So, when individuals attempt to file lawsuits against companies for violating their privacy rights online, they turn to the CIPA law to legitimize their claim against them. Although the CIPA was originally designed for a different circumstance, plaintiffs’ attorneys identified a provision in the law broad enough to cover how modern websites collect data, allowing individuals to file claims directly without going through a regulator, something CCPA doesn’t permit.
Many CIPA-based lawsuits focus on the use of website tracking technologies, such as cookies, to collect and use people’s personal data. Their attorneys will make the argument that deploying such tracking technologies without prior user consent (opt-in) is a violation of the CIPA because it is essentially the equivalent of eavesdropping.
Other State Privacy Laws and Compliance Requirements
California is no longer the only state with comprehensive privacy laws and regulatory requirements. As of 2026, over a dozen states have active comprehensive privacy laws to protect the privacy rights of residents in their jurisdictions as well. Some select examples include:
- Virginia – The Virginia Consumer Data Protection Act (VCDPA) requires Virginia-based businesses to provide clear privacy notices and allow consumers to access, edit, and delete their personal data.
- Colorado – The Colorado Privacy Act (CPA) requires Colorado-based businesses to provide clear privacy notices, allow consumers to opt out of targeted advertising, and obtain consent before collecting and processing their personal information.
- Connecticut – The Connecticut Data Privacy Act (CTDPA) requires the same privacy notices and consent requirements as the other states, while offering additional protections to minors as well.
- Additional States – Texas, Florida, Montana, Oregon, Delaware, Iowa, Indiana, Tennessee, and others.
Remember that even though these state laws have some commonalities between them, they have their own unique definitions, compliance requirements, and enforcement mechanisms. Since most business websites operate on a national scale, they will need a consent management platform that can comply with all these different state laws and regulations.
Cookiebot: The Best Consent Management Platform for State Compliance
Cookiebot is the recommended compliance solution for businesses in states across the United States. It is a widely used consent management platform because it can help businesses automatically request and maintain their privacy consent records.
Another valuable feature is that it can continuously scan a website for new cookies and data tracking technologies to ensure it remains in compliance with all state laws.
Cookiebot offers a cookie consent management solution for every industry, including media & publishing, retail & ecommerce, and banking & finance. It stays updated on all the latest state privacy laws and regulations to ensure businesses stay updated on them as well. That way, businesses can focus all their attention on their daily operations without worrying about manually auditing their websites to verify their regulatory compliance.
What Should a Business Do Right Now, Before the Law Catches Up?
Privacy regulation in the United States will continue to evolve. Over the next decade, you are likely going to see more states pass their own privacy laws or refine the current ones they have in place. If businesses with websites are not ready for this, they could face substantial fines and penalties in the near future.
A consent management platform like Cookiebot is the best way to avoid this from happening to your business. It is a small investment that could save you much more by avoiding lawsuits and demand letters from non-compliance.
