News & Analysis as of

Audio Recording Eavesdropping

Husch Blackwell LLP

U.S. Privacy Litigation Update: March 2024

Husch Blackwell LLP on

Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more

Akin Gump Strauss Hauer & Feld LLP

Defense Options After Calif. High Court Call-Recording Ruling

On April 1, the California Supreme Court ruled in Smith v. LoanMe Inc. that California Penal Code Section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and...more

Foley Hoag LLP - Security, Privacy and the...

First Circuit Creates Exception to Massachusetts Wiretap Statute Based on First Amendment Rights, Allows Citizens and Press to...

The First Circuit’s recent opinion in Project Veritas Action Fund v. Rollins, upheld a challenge to the Massachusetts anti-wiretap law, Mass. Gen. Laws ch. 272, § 99, carving out an exception for certain activity protected by...more

BCLP

Georgia Senate Considers Expanding Scope Of Eavesdropping Statute

BCLP on

The Georgia Senate is considering a bill to expand the state’s laws against unlawful eavesdropping by prohibiting the recording of a conversation unless all parties to the conversation consent. The filing of the bill has led...more

Manatt, Phelps & Phillips, LLP

Colts Fail to Score Motion to Dismiss Eavesdropping Suit

Moving the chains forward for the plaintiff, an Indiana federal court judge said allegations that the Indianapolis Colts’ mobile app eavesdropped on users were sufficient to survive a motion to dismiss....more

Wilson Sonsini Goodrich & Rosati

Monitoring and Recording Consumers’ Calls in California Can Be a Risky Practice

Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may...more

Gray Reed

Can You Videotape Someone Else’s Conversation?

Gray Reed on

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

McDermott Will & Emery

Illinois Amends Eavesdropping Statute in Response to Recent Court Decisions

McDermott Will & Emery on

On March 20, 2014, the Illinois Supreme Court held that significant portions of the Illinois eavesdropping statute, 720 ILCS 5/14-1 et seq., (the Statute) violated the First Amendment. In People v. Clark, 2014 IL 115776, and...more

Franczek P.C.

Governor Quinn Signs New Eavesdropping Law

Franczek P.C. on

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Foley & Lardner LLP

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Foley & Lardner LLP on

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate...more

McDermott Will & Emery

Illinois Supreme Court Strikes Down State Eavesdropping Statute

The Illinois Supreme Court recently declared unconstitutional a state law criminalizing the recording of conversations without the consent of all parties. However, significant risks remain for companies and individuals in...more

Franczek P.C.

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Franczek P.C. on

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

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