News & Analysis as of

Invasion of Privacy

Jackson Lewis P.C.

California Invasion of Privacy Act Violations Aimed at Online Retailers

Jackson Lewis P.C. on

California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance...more

K&L Gates LLP

Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

K&L Gates LLP on

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2024

Husch Blackwell LLP on

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

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Klein Moynihan Turco LLP

Help! I Was Served With A CIPA Lawsuit

Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more

Kilpatrick

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory (Updated)

Kilpatrick on

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

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

California’s Privacy Laws: Financial and Medical Data, Website Usage, Children’s Data, Data Brokers, and Customer Records

California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more

BakerHostetler

The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims

BakerHostetler on

In our January 18, 2024 post, “The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device,” we discussed the new trend in California Invasion of Privacy Act (“CIPA”) litigation, where it came from, and...more

Robinson+Cole Class Actions Insider

What is Required to Allege Standing in Cases Alleging Invasion of Privacy? Third Circuit Weighs In.

In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless...more

Klein Moynihan Turco LLP

Use of Pen Registers Is Focus of Recent Consumer Privacy Claims

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

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

Benesch on

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Benesch

Old Law, New Tricks: Pen Register and Trap and Trace Claims on the Rise

Benesch on

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using “pen register” and “trap and trace” software to...more

Clark Hill PLC

[Webinar] Privacy Litigation & Mass Arbitration Demands: How to Mitigate Risks for your Business in 2024 - January 30th, 10:00 am...

Clark Hill PLC on

2023 saw a continued uptick in privacy litigation filings throughout the United States, with Plaintiffs counsel taking aim at cookies, session replay, video URLs, online “doxing” and the use of other online tracking...more

Kohrman Jackson & Krantz LLP

Are We Dating the Same Guy? The Legal Implications of Posting your Dates on Facebook

“Are we Dating the Same Guy” groups on Facebook are everywhere. If you’re single and dating in 2024, chances are, you or someone you know is a group member. The groups, which started in New York City in 2022, serve as a...more

Coblentz Patch Duffy & Bass

You’ve Worked To Make Your Website Cookies, Pixels, and Chat Function Compliant With Privacy Laws; Now What Is A “Pen Register”?

Despite your recent efforts to comply with privacy law requirements for website cookies, pixels, and analytics, your business may be at risk of getting sued for violations of “pen register” or “trap and trace” laws based on...more

BakerHostetler

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

BakerHostetler on

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

Whitcomb Selinsky, PC

Aon Corporation Faces Class Action Lawsuit Over Data Breach

Whitcomb Selinsky, PC on

In a class action lawsuit against Aon Corporation, plaintiffs Maria Flores, Deanna Dube, Misty Williams, and Sharon Rushing allege several claims including negligence, negligence per se, breach of contract, unjust enrichment,...more

Fox Rothschild LLP

How Will the FTC Regulate Artificial Intelligence?

Fox Rothschild LLP on

Federal Trade Commissioner Alvaro Bedoya recently released a statement on Rite Aid’s use of smart CCTV. Here some key takeaways from the statement (and how the recent settlement applies to the use of surveillance and AI...more

McGlinchey Stafford

Can I Lose the Ability to Compel Arbitration? - McGlinchey Commercial Law Bulletin - December 28 2023

McGlinchey Stafford on

Intrusion Upon Seclusion- Feasby v. Logan, 3rd Appellate District Paulding County (Ohio Ct. App. 2023)- In this appeal, the Third Appellate District reversed the trial court’s decision to grant judgment on the pleadings...more

Buckingham, Doolittle & Burroughs, LLC

Can I Sue for Invasion of Privacy?

Privacy has been recognized as a fundamental right in our country, and the violation of this right can have profound implications. In an era dominated by technology and constant connectivity, concerns about invasion of...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

DarrowEverett LLP on

The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

K&L Gates LLP

A Statutory Tort for Serious Invasions of Privacy?

K&L Gates LLP on

Introduction - To many people’s surprise, it remains the case in Australia that individuals do not have a specific right to obtain compensatory damages for serious invasions of privacy, such as the sharing of intimate images...more

Balch & Bingham LLP

Seventh Circuit Rules Disclosure Of Personal Information To Vendor Is Not An Injury - (Transcript)

Balch & Bingham LLP on

In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more

Adams and Reese LLP

Coverage Stripped Bare: The Fifth Circuit Holds True to the Eight Corners Rule

Adams and Reese LLP on

In a recent ruling, the United States Court of Appeals for the Fifth Circuit determined that an insurer owed no defense and indemnity to three strip clubs that had previously been sued for misappropriating the images of...more

Fox Rothschild LLP

What Can We Learn From Recent Wiretapping Lawsuits?

Fox Rothschild LLP on

Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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