News & Analysis as of

Data Collection CIPA

Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

Paul Hastings LLP

Federal Court Offers New Perspective on CIPA Interpretation

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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

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

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more

Klein Moynihan Turco LLP

CIPA and Trap and Trace Devices

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

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Klein Moynihan Turco LLP

Back To The Future – CIPA Wiretap Case Survives Dismissal

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

DarrowEverett LLP

Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use

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Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

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As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

Burr & Forman

Do You Have a Pixel Problem?

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If you do not know what a pixel is, you may have a problem and should read on. This article will explain the recent trend of “pixel litigation” and suggest some ways to help companies avoid liability and avoid becoming...more

Arnall Golden Gregory LLP

Navigating California’s Surge in CIPA Cases: How to Safeguard Websites Using Third-Party Tech

California continues to grapple with a significant surge in lawsuits and arbitration demands aimed at businesses operating websites employing technology to monitor online activities. These cases hinge on the California...more

Robinson+Cole Data Privacy + Security Insider

California Trap & Trace Class Actions on the Rise in the Age of Website Trackers

Future LLC, a magazine and website publisher and owner of the TechRadar.com website, faces allegations that it collected website visitors’ IP addresses without consent in violation of the California Invasion of Privacy Act...more

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

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California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more

K&L Gates LLP

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Recent Developments That Could Impact How Companies Offer AI-Based Customer Service Chatbots

Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...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

Clark Hill PLC

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

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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

Flaster Greenberg PC

Protecting Your Business from Wiretap Lawsuits Targeting Companies with Consumer-Facing Websites

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Businesses with consumer-facing websites face a bit of a legal “Wild West” with regard to the collection of data at the moment. Most businesses collect some degree of consumer or site visitor data using cookies, web beacons,...more

Alston & Bird

2022’s Unwelcome Trend of Lawsuits Challenging Website Technology Is Here to Stay

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Nearly every website has some means of tracking user data to fix bugs and improve the user experience. The plaintiffs’ bar has been actively filing class actions alleging many of these technologies illegally collect user...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

Hinch Newman LLP on

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

Shook, Hardy & Bacon L.L.P.

Plaintiffs’ Bar Sets Sights on Website Experience Technology

Does your company use tracking or session replay software to understand how users interact with your website? If so, you may be the next target of a new wave of class actions sweeping across Florida and California. The...more

Payne & Fears

Class Actions Based on Third-Party Website Monitoring Technology Are on the Rise

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Recently we have seen a slew of class action filings under the California Invasion of Privacy Act (CIPA). CIPA is an older privacy law, associated with eavesdropping and wire fraud, not to be confused with the California...more

Mintz - Privacy & Cybersecurity Viewpoints

Alleged Privacy Law Violations Create Potential $5 Billion Issue For Google

In a proposed class action lawsuit filed in the U.S. District Court for the Northern District of California, Google is facing a potential $5 billion class action for alleged privacy law violations. The complaint alleges that...more

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