CNN Stuck With Suit Challenging Use of Online Tracking Tools

Cable News Network Inc. must face a proposed class action alleging it shared the personal information of consumers with Microsoft Corp. and adtech companies without consent in violation of California privacy law.

Lead plaintiff Anthony D’Antonio established he suffered a concrete injury sufficient to establish standing to sue in federal court, Judge Victor Marrero of the US District Court for the Southern District of New York said Thursday. In addition, D’Antonio adequately pleaded a claim under California Invasion of Privacy Act’s pen-register provisions, Marrero said, denying CNN’s motion to dismiss.

The ruling came 14 months after Marrero denied CNN’s motion to dismiss an earlier version of the lawsuit.

D’Antonio alleged in a second amended complaint that CNN incorporated data-tracking tools from Microsoft, PubMatic Inc., and OpenX Technologies Inc. on its website, allowing the adtech companies to collect users’ personal information and create comprehensive marketing profiles of them for use in targeted advertising campaigns.

At least one advertiser bid on D’Antonio’s information, which was likely shared with hundreds more in the automated bidding process for ad space on web pages, the complaint said.

CNN argued that D’Antonio didn’t allege a concrete injury sufficient for standing, but Marrero said his allegations that his information was collected and sold by third parties in the online-advertising marketplace, and that this use of his data was “highly offensive,” were enough to survive the motion.

The plaintiff also adequately alleged that the tracking code on the CNN web site functioned as a “pen register” as defined under CIPA, Marrero said.

CNN argued that D’Antonio alleged the tracking of the contents of his communications, which ran counter to CIPA’s definition of a pen register as a device recording dialing, routing, or signaling information—but not the contents of a communication.

D’Antonio replied by citing cases in which courts found that trackers collecting digital “fingerprint” information—which can be used to reveal user information—doesn’t constitute the collection of content information.

Marrero said he was persuaded by the D’Antonio’s authorities that dismissal wasn’t warranted.

The judge also said it was premature to address CNN’s argument it was exempt under a CIPA provision allowing a provider of an electronic or wire communication service to use a pen register to operate or maintain its service.

Bursor & Fisher PA represents D’Antonio. Weil, Gotshal & Manges LLP represents CNN.

The case is D’Antonio v. Cable News Network, Inc., S.D.N.Y., No. 1:24-cv-03132, 4/9/26.