FADA is informing you about an important change to the ComplyAuto Privacy tool (in particular, the cookie consent banner), which will be implemented for all of our Privacy customers on Friday, March 15, 2024.
Here’s what you need to know:
There has been a significant uptick in litigation and attorney demand letters across our industry alleging wiretapping in connection with dealers’ websites. These cases are based on claims that certain standard features on dealership websites—namely cookies, scripts, and tracking pixels—might function in violation of state and federal wiretapping laws. One specific feature that plaintiffs’ attorneys have identified under this legal theory is Google Analytics.
This is a national concern. For instance, a dealership in New Jersey was recently sued for violating California wiretapping laws. Many of these cases are being filed as class actions.
The FTC, under its UDAP authority, has also taken an interest in investigating online tracking of consumers’ personal information, without consent or by using deceptive tactics to obtain users’ consent.


To protect their customer base, ComplyAuto is rolling out modifications to our cookie consent banners installed on the websites of ComplyAuto Privacy customers. These updates will affect the text appearing on their banners and dealers can opt-in to the additional changes as described below:
  1. What is changing: We are updating the language of the cookie consent banner, adding optional banners that delay the activation of marketing cookies (analytics cookies and targeting cookies), and updating the privacy policy language for all customers.
  2. What is not changing: For the time being, we are not automatically implementing the optional banners that will delay activation of analytics cookies, unless a dealer opts-in to this change. (We recommend opting in.) Targeting cookies will still be delayed, as is the current practice.
  3. What dealers need to do: If a dealership wants to activate the recommended optional banners, they will need to do so within their ComplyAuto Privacy Portal. If they do not want the recommended banners, they do not need to take any action at this time.
In closing, ComplyAuto is committed to protecting your dealer members from legal risks and ensuring compliance with privacy laws. We encourage you to attend their webinar on April 3rd to learn more about the cookie consent banner updates.