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Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more

Fisher Phillips

Groundbreaking Class Certification Decision in Website Tracking Case Serves as Wake-Up Call for Businesses: Proactive Steps You...

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In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more

Wyrick Robbins Yates & Ponton LLP

Naughty and Nice: Recent Website Tracking Technology Cases Present Mixed Bag for Website Operators

Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more

DarrowEverett LLP

[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET

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Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use...more

Nelson Mullins Riley & Scarborough LLP

Muddy Waters: October's Judicial Opinions for Privacy and Digital Tracking

October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more

Klein Moynihan Turco LLP

Big Massachusetts Wiretap Victory for Industry

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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

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

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Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Troutman Pepper Locke

NY Attorney General Issues Guides for ‎Website Privacy Controls and Tracking

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On July 30, 2024, New York Attorney General Letitia James announced two new privacy guides that could affect your business, a Business Guide to Website Privacy Controls and a Consumer Guide to Web Tracking....more

Guidepost Solutions LLC

FTC Proposes Strengthening Children’s Privacy Rule

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...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

Troutman Pepper Locke

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

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Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more

Wilson Sonsini Goodrich & Rosati

Coalition of States Sues Meta for Alleged Harms to Children and Teens, and Alleged COPPA Violations

On October 24, 2023, a bipartisan coalition of 33 states’ attorneys general filed suit against Meta Platforms, Inc., alleging in a lengthy complaint that Meta’s social media platform features are unsafe and designed to induce...more

Coblentz Patch Duffy & Bass

Companies Should Keep in Mind Chatbots, Session Recordings, Mouseclicks: New Consumer Privacy Suits Continue Under Decades-Old...

Numerous new website technologies and tools allow companies to more effectively interact with their customers. These include chatbots, session recording software, tracking pixels (snippets of code that can be used to identify...more

BakerHostetler

2023 DSIR Deeper Dive: Pixel & Other Website Technologies

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We’re back with a deeper dive into the 2023 Data Security and Incident Response Report, which features insights and metrics from 1,160+ incidents in 2022. This episode dives deeper into Pixel & other website technologies. ...more

Polsinelli

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

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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

Carlton Fields

[Webinar] Website Tech Fueling Privacy Litigation: How to Reduce Your Risk - April 13th, 12:00 pm - 1:00 pm ET

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Website technologies (such as cookies, session-replay software, and other tools) are fueling a rise in privacy class actions and drawing regulators’ scrutiny. Plaintiffs’ attorneys are pursuing these claims under a variety of...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Burr & Forman

Children's Online Privacy Protection Rule Q&A

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COPPA, or the Children's Online Privacy Protection Rule, was designed to protect the privacy of children under 13 years of age by giving their parents certain tools to control how the child's information can and cannot be...more

Wiley Rein LLP

[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm -...

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Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely...more

Robinson+Cole Data Privacy + Security Insider

Dark Patterns and the CCPA: How Your Website Can Comply

The California Attorney General recently approved modified regulations under the California Consumer Privacy Act (CCPA). One part of the modified regulations bans “dark patterns” on a website. What are dark patterns?...more

Mitratech Holdings, Inc

10 Privacy Predictions for 2020

In the last two years, businesses have been catapulted into a dizzying new world, with privacy expectations and requirements that were unheard of just two years ago. ...more

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