Session replay from Microsoft
Microsoft Clarity and website tracking lawsuits
What Suitcast knows about Microsoft Clarity
Critical risk
- Type
- Session replay
- Complaints naming it, 12 months
- 11
Requests the scanner matches to it
- www.clarity.ms
- .clarity.ms
The short answer
Microsoft Clarity is a session replay tool from Microsoft. Suitcast rates its risk under the California Invasion of Privacy Act, CIPA, as critical, because complaints describe scripts like it recording visitors before they consent. It is named in 11 verified complaints in the last 12 months. The fix is to load it only after a visitor accepts, or to remove it when it is not used.
Why complaints name it
Complaints describe this kind of recording as capturing a visitor's session without permission, which is the core claim in most California privacy filings.
The act allows $5,000 per violation, which is why firms look for scripts that run the moment a page opens.
The fix
How to stop Microsoft Clarity firing before consent
Clarity's own consent setting controls only its cookies: Microsoft says that with consent denied the tag still loads and collects data without cookies, so load the Clarity script only after the visitor clicks accept, through your consent plugin or a Google Tag Manager consent trigger.
If you are not actively reviewing recordings, remove the script.
How the scan checks this
- Loads your pages like a first visit. A real browser, nothing clicked, nothing accepted.
- Checks every request before the banner is answered. A request to www.clarity.ms is matched to Microsoft Clarity and recorded with the millisecond it fired.
- Clicks reject and watches again. When the banner has a reject button, the scan presses it; if Microsoft Clarity keeps firing, the report says so.
Scanner rules and limits are on the methodology page.
Trend
Complaints naming Microsoft Clarity, month by month
Website accessibility (ADA) Website tracking (CIPA)
November 2025 to October 2026, current month to dateIndustries
Industries sued over Microsoft Clarity
By the defendant's industry
Verified filings, 12 monthsCourt records
Latest verified complaints naming Microsoft Clarity
- TrackingCourt recordfor Shipley v. Zuffa, LLC (opens in a new tab)
Shipley v. Zuffa, LLC
N.D. California. Attributed to Nevada
- TrackingCourt recordfor Pasquini v. Ziff Davis, Inc. (opens in a new tab)
Pasquini v. Ziff Davis, Inc.
N.D. California. Attributed to New York
- TrackingCourt recordfor Wilce v. Willow Health Services, Inc. (opens in a new tab)
Wilce v. Willow Health Services, Inc.
E.D. California, filed by Almeida Law Group LLC. Attributed to Texas
- TrackingCourt recordfor Tucker v. Ashley Global Retail, LLC (opens in a new tab)
Tucker v. Ashley Global Retail, LLC
N.D. California. Attributed to Wisconsin
- TrackingCourt recordfor Esparza v. V.F. Corporation (opens in a new tab)
Esparza v. V.F. Corporation
S.D. California. Attributed to Pennsylvania
- TrackingCourt recordfor Ward v. Mochi Health Corp. (opens in a new tab)
Ward v. Mochi Health Corp.
N.D. California, filed by Peiffer Wolf Carr Kane Conway & Wise LLP. Attributed to California
- TrackingCourt recordfor Gaby Jacobson v. Willow Health Services, Inc. (opens in a new tab)
Gaby Jacobson v. Willow Health Services, Inc.
C.D. California. Attributed to Texas
- TrackingCourt recordfor Munoz v. Peet's Coffee, Inc. (opens in a new tab)
Munoz v. Peet's Coffee, Inc.
N.D. California, filed by Shook, Hardy & Bacon LLP
- TrackingCourt recordfor Garcia v. Microsoft Corporation (opens in a new tab)
Garcia v. Microsoft Corporation
N.D. California, filed by Michael Garcia. Attributed to Washington
- TrackingCourt recordfor Magliocca v. United Healthcare Services, Inc. (opens in a new tab)
Magliocca v. United Healthcare Services, Inc.
E.D. California. Attributed to Minnesota
- TrackingCourt recordfor Beltran v. Kohler Co. (opens in a new tab)
Beltran v. Kohler Co.
N.D. California, filed by Greenberg Traurig LLP. Attributed to Wisconsin
Same type
Other session replay tools the scanner checks
Questions owners ask
- Is having Microsoft Clarity on my site illegal?
- No. The complaints do not claim the script is illegal; they claim it recorded a visitor before the visitor consented, or kept recording after the visitor declined. Loading Microsoft Clarity only after consent, or removing it when it is not used, is what removes the pattern the complaints describe.
- How do I know if Microsoft Clarity fires before consent on my site?
- Run the free scan. It loads your pages without clicking anything and checks every request that leaves the browser against its tracker catalog, recording the millisecond each match fired. If Microsoft Clarity appears, it fired before consent. When your banner has a reject button, the scan clicks it and reports whether the script kept firing.
- Where do the case counts on this page come from?
- From the complaint text of verified California Invasion of Privacy Act filings. When a complaint names this script, the case is linked to it. Complaints that are not yet available in the public record are not counted, so the number is a floor.
Keep going
- Every tracking script the scanner recognizesGrouped by type, with the risk and fix for each.
- Which scripts appear most in privacy lawsuitsWhat each records and how to gate it.
- Session replay tools and CIPA lawsuitsClarity, Hotjar and FullStory: what they record and how to hold each one.
- I got a CIPA demand letter. What now?What the letter means and the first week.
- Website lawsuits in CaliforniaWhere most tracking suits are filed.
Does Microsoft Clarity fire before consent on your site?
Suitcast identifies risk indicators. It is not legal advice and does not determine compliance.