A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more
On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more
California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more
4/30/2025
/ California ,
CIPA ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Litigation Strategies ,
Personal Information ,
Privacy Laws ,
Summary Judgment ,
Websites ,
Wiretapping
An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more
3/28/2025
/ Consent ,
Cookies ,
Data Collection ,
Data Privacy ,
Pennsylvania ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party ,
Websites ,
Wiretapping
In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act...more
1/22/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Civil Rights Act ,
Disability Discrimination ,
Discrimination ,
Equal Protection ,
Goods or Services ,
Public Accommodation ,
Reasonable Accommodation ,
Standing ,
Title III ,
Websites
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
1/10/2025
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data-Sharing ,
ECPA ,
Electronic Communications ,
Health Care Providers ,
Privacy Laws ,
Third-Party ,
Websites ,
Wiretapping
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more
11/27/2024
/ Auto-Dialed Calls ,
CIPA ,
Consent ,
Data Collection ,
Declaration ,
Invasion of Privacy ,
Summary Judgment ,
TCPA ,
Tracking Systems ,
Web Tracking ,
Websites
The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were...more
Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most...more
The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...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 likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law...more
If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits...more
For several years, consumers have flooded the Western District of Pennsylvania (“WDPA”) with Americans with Disabilities Act (“ADA”) compliance lawsuits, alleging that companies are violating the ADA because their websites...more
Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act...more
In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the...more
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
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
2/5/2024
/ CIPA ,
Consumer Privacy Rights ,
Data Collection ,
Electronic Communications ,
Electronic Monitoring ,
Invasion of Privacy ,
Privacy Policy ,
Statutory Violations ,
Web Tracking ,
Website Owner Liability ,
Websites