News & Analysis as of

Data Collection Wiretap Act

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

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As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more

WilmerHale

Year in Review: 2024 Web Tracking Litigation and Enforcement

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In 2024, plaintiffs across the United States filed various class action cases related to web tracking technology employed by companies to enhance user experience on their websites and to improve the efficacy of their...more

Perkins Coie

Massachusetts Supreme Court Decision Raises Bar for Website “Wiretap” Suits

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In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software.  Despite none of these statutes explicitly addressing...more

K&L Gates LLP

Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act

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In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court...more

Husch Blackwell LLP

Massachusetts Supreme Judicial Court Issues Opinion Holding Website Tracking Tools Do Not Violate State Wiretapping Law

Husch Blackwell LLP on

Keypoint: Massachusetts’ highest court ruled the use of software that tracks users’ activity on its website does not violate the state’s Wiretap Act, which was intended to prevent the recording or interception of...more

Seyfarth Shaw LLP

Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law

Seyfarth Shaw LLP on

In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...more

Pierce Atwood LLP

Massachusetts Supreme Judicial Court Rejects Wiretap Claims Based on Website Tracking

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In a closely watched decision, the highest court in Massachusetts has rejected the theory that third-party website tracking technology violates G. L. c. 272, § 99, the Massachusetts Wiretap Act....more

Fisher Phillips

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Fisher Phillips on

Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...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

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

Polsinelli

Will a New Wave of Lawsuits Roll Into a Nationwide Tsunami? Wiretapping Litigation for Website Analytics

Polsinelli on

2022 has seen a new wave of class action lawsuits targeting companies that use technology to track consumers’ interfaces on their websites. These lawsuits generally allege that the use of technologies such as session replay...more

BCLP

FAQ: What is Session Replay Software and why is it under attack?

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Session Replay Software is a type of software typically utilized by businesses with consumer-facing websites. These businesses are typically very interested in making their website more interactive and responsive to consumer...more

Benesch

The Consumer Class Action Trend You’ve Never Heard of: State Wiretap Cases

Benesch on

While the consumer class action landscape has been dominated as of late with the usual suspects (Telephone Consumer Protection Act, Fair Credit Reporting Act, etc.) and the new twists on old standbys (current flavor of the...more

Davis Wright Tremaine LLP

C Is for Cookie Lawsuit: Google Accused of Wiretap Act Violations for Collection of Web Browsing Data

A new class action against Google in federal court in San Jose, Calif., claims that Google's collection of web browsing data from individuals who have enabled "private browsing mode" violates the Federal Wiretap Act, 18...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

Davis Wright Tremaine LLP

Google "Street View" Wiretap Allegations Settled for a "Modest" $13 Million

In 2007, Google began gathering photographs for its Google Maps “Street View” application featuring adjustable panoramic, street-level images tied to addresses searched in Google Maps. Google captured these photographs with...more

Kelley Drye & Warren LLP

Court Says Headphone App Not Eavesdropping, But May Be Deceptive

A federal judge allowed a class-action lawsuit alleging Bose collected and shared data about its headphone users to proceed last week on the basis of deceptive advertising. The decision underscores the risks that internet of...more

Carlton Fields

Your Apps May Be Selling You Out

Carlton Fields on

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

Pierce Atwood LLP

Internet Privacy – ISP Snooping and U.S. Surveillance Laws

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It’s hard to imagine a world in which the U.S. Postal Service is permitted to peer inside our personal mail, or gather and track the address and other data we place on our mail, and then use and sell what it learns about us....more

Benesch

Facebook Obtains Dismissal Of Privacy Class Action

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On October 23, 2015, Facebook won dismissal of a potential $15 billion class action which accused the company of secretly tracking the Internet activity of its users after they log off. In re Facebook Internet Tracking...more

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