Your School May Be Wiretapping Without Knowing It

Context

Across the country, schools are being hit with wiretapping claims for something that feels harmless, even responsible: using free website analytics and tracking tools. What looks like basic digital housekeeping is quickly becoming fertile ground for plaintiff’s lawyers, and many schools do not see it coming until a demand letter arrives.

This is not about bad actors or intentional misuse of data. It is about how modern websites work, and how outdated laws are being applied to them.

Why It Matters

For schools, especially independent and private institutions, these claims carry real risk. Legal costs add up quickly, reputational damage is hard to undo, and non-profit status offers no shield. As this litigation trend accelerates, schools that understand the risk now are far better positioned to avoid becoming targets later.

Core Idea

Old wiretapping laws are being repurposed for the digital age, and everyday website tools are the trigger.

The Trend Schools Are Running Into

Plaintiffs’ firms are using sophisticated scanning tools to identify websites that share visitor data with third parties. Once flagged, schools can face claims under wiretapping statutes originally written to stop literal phone tapping, not website analytics.

Free tools like traffic analytics, embedded social media links, and tracking pixels can transmit visitor information to third parties without schools fully realizing it. A single website visit can result in targeted ads following a parent or prospective student across the internet, and that data trail is now central to these lawsuits.

Lack of Awareness Is Not a Defense

Schools are often surprised to learn that intent does not matter. Saying you did not know data was being shared typically does not stop a claim. Many organizations only discover the issue after receiving a demand letter, when settlement or defense costs are already on the table.

Google Analytics is a common example. While the service may be free, the exchange is data. By using it, schools often agree to allow information from site visitors to be collected, used, and potentially shared further.

Cookie Banners Help, But Only If Done Right

A cookie banner alone does not guarantee protection. Some schools have no banner at all. Others use banners that are poorly configured or legally insufficient. To reduce risk, banners must be properly designed, clearly presented, and compliant with applicable laws, not just present as a formality.

Courts Are Split, and That Uncertainty Fuels Litigation

Courts have reached different conclusions depending on jurisdiction. Massachusetts’ highest court has rejected these claims under its wiretapping statute. Some California courts have allowed them to move forward. A Florida federal court recently permitted a class action tied to tracking pixels to proceed.

In many states, there is still no definitive appellate guidance. That uncertainty encourages more filings and more demand letters.

Non-Profit Status Does Not Provide Cover

Wiretapping statutes generally apply to non-profits and for-profits alike. Schools cannot rely on their mission or tax status as a defense.

What Schools Can Do Now

• Audit your website to understand what data is being collected and shared, and by whom.
• Adjust software and settings where possible to limit unnecessary third-party data transmission.
• Fix or implement compliant consent banners that clearly address tracking and data use.
• Act quickly on demand letters, as early intervention can significantly reduce cost and exposure.

Closing Thought

The fastest-growing legal risks often come from the most routine decisions. Schools that treat website privacy as a strategic issue, not a technical afterthought, are far less likely to find themselves in the crosshairs of the next wiretapping claim.