California continues to raise the bar for consumer data protection, and SB 37 is another step in that direction. For online advertisers—especially those operating in lead generation, performance marketing, and data-driven acquisition—this creates a familiar challenge:
How do you prove that consumer data was collected, shared, and used appropriately if a claim is ever made?
This is where FormClue plays a critical role—not as a compliance checkbox, but as defensive infrastructure.
A Quick Overview of SB 37 (At a High Level)
SB 37 builds on California’s existing privacy framework by strengthening enforcement mechanisms and clarifying consumer protections around data collection and usage. While the legal specifics are best handled by counsel, advertisers should understand the practical implication:
- Regulators and plaintiffs increasingly expect proof, not policy language
- Consent, disclosures, and data handling must be verifiable
- “We thought it was compliant” is no longer an acceptable defense
In short, claims don’t hinge on intent—they hinge on evidence.
Where Advertisers Are Most Exposed
Many SB 37–related claims stem from common gaps in modern marketing stacks:
- Inability to prove what a consumer actually saw
- No record of how or when consent was captured
- Reliance on third-party attestations without raw interaction data
- Disputes over whether disclosures were visible, accessible, or altered
This is especially risky for:
- Lead buyers and sellers
- Affiliate-driven acquisition
- Multi-variant landing pages
- Dynamic or JavaScript-rendered consent flows
FormClue’s Role: Evidence, Not Assumptions
FormClue is designed to create a verifiable interaction record of how consumer data was collected—down to the page state and user behavior.
1. Page-Level Proof of What the Consumer Saw
FormClue records user web page states and visible changes to the page over time, allowing advertisers to show:
- What disclosures were present
- Exactly where they appeared on the page
- Whether they were modified dynamically at any point
- The exact state of the page at the moment data was submitted
This matters when claims allege missing, hidden, or altered disclosures.
2. Timestamped Consent & Interaction Context
Rather than storing a single “consent flag,” FormClue captures:
- User actions leading up to submission
- Timing between page load, disclosure visibility, and submission
- Interaction context (scrolling, clicks, input focus)
This provides contextual consent, not just a database field.
3. Defense Against Retroactive Claims
A common SB 37 risk is the retroactive claim:
“At the time I submitted my information, I was not properly informed.”
FormClue allows advertisers to reconstruct that exact moment—removing ambiguity and reducing reliance on assumptions or third-party attestations.
4. Reduced Dependency on Trust-Based Compliance
Policies and vendor assurances are important—but in disputes, raw evidence wins.
FormClue gives advertisers:
- First-party data ownership
- Independent verification
- A defensible audit trail
This is particularly valuable when:
- Vendors change terms
- Partners are no longer available
- Page versions evolve over time
SB 37 Is About Accountability—Not Just Consent
Modern privacy enforcement isn’t only about whether consent exists, but whether it can be proven under scrutiny.
FormClue helps advertisers shift from:
- “We believe we were compliant”
to - “Here is the recorded evidence.”
That distinction can dramatically reduce exposure, shorten disputes, and strengthen legal positioning.