The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
We continue to learn more about the courts’ perspective on claims under the California Information Privacy Act (“CIPA”). Last month, in Moody v. C2 Educational Systems Inc., the U.S. District Court for the Central District of...more
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
Readers of this blog may recall our prior piece about recent lawsuits alleging that the use of tracking software on certain websites violates the California Invasion of Privacy Act (“CIPA”). While earlier lawsuits focused on...more
Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court...more
Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the...more
Partner Matt Pearson discusses the reach of the California Invasion of Privacy Act (“CIPA”) and how a California statute could apply to companies that have little, if any, presence in California. Questions & Comments:...more
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more
For the past several years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA)....more
As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that...more
For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more
If your company has a website and does not disclose the use of session replay software or that the chats on its website are being transcribed, please read this important alert. ...more
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more