[2026 Latest Edition] Summary of E-commerce Store Litigation Risks in the US and Countermeasures on Shopify

When it comes to privacy laws in the United States, the CCPA is the most well-known, isn't it? We've explained it in detail before.

However, given the increasing litigation trends in the United States in recent years, compliance measures solely with the CCPA may be insufficient. This article will explain countermeasures based on recent American cases that highlight the risks faced not only by large corporations but also by small and medium-sized enterprises.

Currently, there is an increase in class-action lawsuits targeting e-commerce stores in the United States. Let's take a closer look at what's happening.

The CCPA is considered one of the most stringent and representative privacy laws in the United States.

CCPA(= California Consumer Privacy Act)

This is California state law, and the consumer rights protected by it are as follows:

• The right to knowThe right to know what personal information companies collect, use, disclose, and sell.
• right to deleteThe right to request the deletion of personal data collected by a company.
• Opt-out rightsThe right to refuse the "sale" or "sharing" of personal information.
• Right to non-discriminationThe right not to be denied service or subjected to unfair discriminatory treatment by companies for exercising these privacy rights.

Such state laws, implemented in several states, constituted American privacy law.

And these are basically "opt-out" methods.

On the other hand, the EU/EEA and the UK are considered to have the strictest consumer protection regulations in the world.

GDPR(= General Data Protection Regulation: EU General Data Protection Regulation)

The GDPR, like the CCPA, stipulates that consumers must guarantee their right to know and their right to data disclosure and deletion.

However, a major difference from the CCPA is that the GDPR does not allow the collection of user data (cookies) for marketing and analytics purposes until the user approves the cookie.

In other words, the GDPR uses a "prior rejection" system.

The lawsuits currently being filed frequently are not based on the CCPA, but rather on the CIPA (California Communications Interception Act/Wiretapping Act), enacted in the 1960s, or the federal ECPA (Electronic Communications Privacy Act), arguing that obtaining cookies constitutes "hacking" or "eavesdropping."

This means that the old argument of "it's okay because you can opt out anytime" is no longer valid.

First, let's explain how to assess the current situation.

If the store is already using a cookie-related app, the first thing to do is contact the app's customer support and ask them to "check if it's set up correctly."

If you are not using the app and need to check manually, you can do so using the following method.

1. Open [Settings] > [Customer Events] from the Shopify admin panel.
2. Then, you can check the information of the pixels contained in the site, as shown below.
   
3. From there, open the [...] for the pixel you want to check, and then select [Test].
4. This will open a preview of the site along with the "Pixel helper," allowing you to see on the screen whether or not the pixel has loaded.

*The results may vary depending on your region settings and the status of any cookies you have already selected.

So, what measures should stores selling in the US take in this situation?

Shopify includes built-in features for setting up cookie banners and opt-out pages. Furthermore, you can configure where these are displayed not only by country but also by state.

"Regions where the cookie banner is enabled (active)In this system, non-essential data (marketing and analytics cookies) is not collected before the user gives their consent (including when they have not responded).

First and foremost, it's relatively easy to set up, even for store administrators with little knowledge of cookies or pixels, and it also has comprehensive help documentation.

Furthermore, if you encounter any problems, the app's customer support will assist you and even test whether the setup is correct. While it's not 100% worry-free, it's certainly very reassuring.

In addition, there are other minor but helpful settings available, such as the following:

• You can view a complete list of all installed cookies in an easy-to-read format.
• The retention period for cookie consent history is 12 months, which is quite long (Shopify deletes the history after 30 days).
• It can suggest policy pages that are recommended for implementation in countries other than the US, and can automatically generate those pages.

And so on

While these apps are convenient, most require a monthly fee. Therefore, we recommend that you consider various factors such as the store administrator's knowledge of cookies and Pixel technology, legal advice, and costs before deciding whether to install them.

To minimize litigation risk, the following specific measures are recommended as of 2026:

Solution ①: Utilize Shopify's standard features (Cost: Free)

The simplest and most recommended defense is to switch the cookie banner to "enabled (ON)" for the United States (US). This alone will stop linked pixels from firing "pre-consent," thus reducing the risk of lawsuits.

Also, make sure that an opt-out page is clearly provided.
[Settings] > [Customer Privacy] > [Data Sharing Opt-Out Page]

If you have a "custom pixel" that you've implemented by writing custom JavaScript rather than going through the app, it might be written to fire immediately, ignoring Shopify's consent signal. Make sure to write it so that it is always linked to Shopify user consent data.

Furthermore, instead of writing these custom codes directly into your theme code, you should store them in the Shopify admin panel under Settings > Customer Events > Custom Pixels.

③ Introduction of paid apps (Consentmo GDPR, etc.)

If you're not confident in your cookie management, or if you want more robust protection, especially for the EU, then installing a paid app is recommended.