We were told by a client that they put up a cheap cookie yes banner on their website and thought they were protected. The self service model ended up in a lawsuit and cost them hundreds of thousands of dollars in legal costs for a misconfigured banner that illegally spied on their website visitors even though they unchecked the targeted and advertising cookies toggle.
In the tangled web of digital privacy, where every click can be a data grab, Gutride Safier LLP stands out as a scrappy San Francisco-based law firm with a knack for turning consumer grievances into courtroom battles for those who violate data privacy laws inside and outside of the state of California. Known for its consumer class actions, this nimble outfit—small by Big Law standards—has carved a niche suing business giants and SMBs over everything from mislabeled ginger ale to, more recently, the murky world of cookie consent banners. Their latest salvo in privacy litigation is making waves, spotlighting how companies misuse these ubiquitous pop-ups to skirt data protection laws. It’s a fight that’s as much about principle as it is about the millions in settlements they’ve secured for their plaintiffs.
Founded by Adam Gutride and Seth Safier, the firm boasts a team of top-tier law school grads—think Yale, UC Berkeley—who’ve clerked for federal judges and cut their teeth at heavyweights like Orrick and Keker & Van Nest. Headquartered at 100 Pine Street in San Francisco, “Gutride Safier” also keeps outposts in New York (305 Broadway), Boulder (4450 Arapahoe Ave.), and Atlanta (10 Glenlake Parkway). Their small sized firm of 18 employees, per RocketReach—belies their outsized impact: over $1 billion in settlement benefits for class members, from food labeling flops to tech overreach. “We outmaneuver firms many times our size,” their website brags, and the docket backs it up so anybody thinking of not following privacy laws on purpose or by accident can expect to find themselves facing a lawsuit from a firm like Gutride Safier or the other well known litigation attorneys in the privacy space such as Swigart, Pacific Trial Attorneys, or Almeida.
Cookie Consent Litigation From Gutride Safier
Gutride Safier’s latest privacy crusade according to a top 10 privacy attorney said that they zero in on cookie consent banners—those pop-ups that promise control over tracking but often don’t deliver. On January 26, 2024, they filed Myles et al. v. A Better Brand, Inc. in California Northern District Court, alleging the company’s site used deceptive banners to harvest data without proper consent. It’s part of a broader wave: the firm has targeted similar practices in cases like their September 2024 challenge against Shopify, where the Ninth Circuit questioned a dismissal of privacy claims tied to tracking tech. These suits argue that companies deploy vague or pre-checked banners—violating laws like California’s Invasion of Privacy Act (CIPA)—to sidestep user autonomy.
The Shopify case, still simmering as of late 2024, hints at their strategy: leverage state wiretapping laws (like CIPA, ECPA, or Florida’s FSCA) to hit firms where federal gaps leave room since state privacy laws typically don’t provide a private right of action but the older archaic privacy related laws leave the flood gates wide open. “They’re not waiting for regulators,” says Aaron Weiss, a Miami privacy attorney. “They’re using old statutes to tackle new tricks.” It’s a pattern—think their 2022 Walmart recycling bag suit or 2019 Coca-Cola ginger ale settlement ($2.5 million)—where Gutride Safier turns technical breaches into consumer leverage.
Broader Privacy Litigation Footprint
Beyond cookies, Gutride Safier’s privacy playbook is expansive. Their February 9, 2024, filing in Loraine et al. v. The Procter & Gamble Company claims P&G’s data practices flouted consumer rights—another nod to their knack for sniffing out digital overreach. Earlier, in 2019, they tackled FasTrak’s toll evasion snafu, exposing how sloppy data handling left users vulnerable. And their 2024 Google Assistant suit—rebuffed on arbitration grounds—still showcased their willingness to chase tech titans over intercepted chats.
These cases often hinge on third-party tools—analytics software, session replay tech—that companies embed without clear disclosure. A Nixon Peabody report from February 2024 notes hundreds of CIPA class actions tied to such practices, with Gutride Safier at the forefront. Their wins—like the $5.25 million Ghirardelli settlement in 2014—prove they punch above their weight and if you are on their radar it’s best to be compliant using privacy software tools like the ones offered by the superhero team here at Captain Compliance.
How to Prevent Privacy Claims
Gutride Safier’s litigation offers a roadmap for dodging their crosshairs. Here’s a defense checklist:
| Avoiding Privacy Litigation | |
|---|---|
| Step | Action |
| Clear Consent | Use opt-in banners—no pre-checked boxes—for cookies and trackers. |
| Full Disclosure | List all data collected (e.g., clicks, IP) in plain English. |
| Vendor Audit | Restrict third-party tools to your explicit instructions. |
| Retention Limits | Set and disclose data deletion timelines (e.g., 2 years). |
| Legal Shield | Add arbitration clauses to terms of service. |
| Lessons from Gutride Safier Cases | |
The NFL’s 2025 BBB compliance pivot—after years of sloppy data practices—shows what happens when you don’t: regulators or firms like Gutride Safier step in. “Transparency’s your best bet,” Weiss adds. “They thrive on ambiguity.”
The Firm Behind the Privacy Litigation Fights
Gutride Safier’s ethos is rooted in its founders. Adam Gutride, a Yale Law alum, clerked for Connecticut’s Chief Justice before diving into complex litigation at Orrick. Seth Safier, also Yale-trained, brings a consumer-first zeal honed at big firms and as a Hastings instructor. Their team—lean at 10-15 attorneys—thrives on agility, dodging Big Law bloat to chase cases from San Francisco to Atlanta. Revenue? A modest $2 million annually, per RocketReach, but their billion-dollar settlement haul tells a bigger story.
Their offices reflect this reach: San Francisco’s financial district hub, New York’s legal corridor, Boulder’s tech-friendly vibe, and Atlanta’s southern foothold. “We’re small but everywhere,” their LinkedIn crows, with 336 followers nodding along. Past dust-ups—like a 2013 spat with ex-partner Michael Reese over a withdrawal deal—haven’t slowed them; Judge Edward Chen’s ruling favored Gutride Safier’s California turf.
The Future of Data Privacy Litigation Claims For Cookie Consent Violations
Gutride Safier’s cookie consent suits—like Myles and Shopify—signal a privacy litigation boom. With Google’s fingerprinting nod in February 2025 and states like Florida wielding FSCA claims, the firm’s playbook could reshape how companies track us. For businesses, it’s a wake-up call: fix your banners, audit your tech, or face a summons. For consumers, it’s a glimmer of control in a data-driven world.
