News & Analysis as of

Eavesdropping

Amundsen Davis LLC

Wiretap or Trap and Trace: A Common Data Privacy Claim That May Be Coming Your Way

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Almost three years ago, we warned of class action lawsuits being filed against entities in certain industries, such as health care. Fast forward to today, where companies in a variety of industries, including construction and...more

Sheppard, Mullin, Richter & Hampton LLP

When AI Answers the Phone: Heartland Dental’s Impact

A recent Illinois federal court decision shows that when AI listens in on calls, legal questions follow. The putative class action case is Megan Lisota v. Heartland Dental, LLC, et al. It was brought against two entities:...more

Vedder

Are You Recording Me? The Risks of AI-Powered Notetaking and Recording in the Workplace

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AI‑powered notetaking tools which can record or transcribe employment-related discussions and meetings have quietly entered the workplace, often through everyday applications employees already use....more

Miller Canfield

The Privacy Map Expands: Michigan Emerges in Website Tracking Litigation

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A putative class action against Blue Cross Blue Shield of Michigan (BCBSM) has been filed in the Eastern District of Michigan alleging that commonplace website tracking and session replay tools violate both federal and...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA suits: Why a 60-year-old law makes your website a target

The California Invasion of Privacy Act is testing modern data privacy boundaries. Data privacy laws across the United States have expanded greatly over the past five years. Comprehensive laws have been adopted by more...more

Fox Rothschild LLP

Air Tags and Listening Devices Can be Domestic Violence Too!

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Just two weeks ago, I wrote on this blog about how sometimes, it takes the law a while to catch up to technology. Specifically, I wrote about a case that held that flying a drone over your spouse’s home and remotely accessing...more

Klein Moynihan Turco LLP

Have You Been Threatened With A CIPA Action?

In the past couple of years, we have seen an explosion in the number of demand letters and lawsuits involving alleged violations of the California Invasion of Privacy Act (“CIPA”). Oftentimes, recipients of a CIPA demand feel...more

Fisher Phillips

New Class Action Targets Healthcare AI Recordings: 6 Steps All Businesses Should Consider to Limit Exposure

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A newly filed class action in San Diego highlights a key risk for any business deploying AI tools that listen, record, or summarize customer or patient conversations. On November 26, Sharp HealthCare was hit with a sweeping...more

Robinson+Cole Data Privacy + Security Insider

When AI Notetakers Take the Stand: The Legal Risks Lurking in Your Virtual Meetings

As platforms like Zoom, Microsoft Teams, and Google Meet have cemented themselves as the backbone of modern collaboration, a quiet revolution has unfolded in our meeting rooms, one where digital notetakers often outnumber the...more

Seyfarth Shaw LLP

“Untenable.” Federal California District Court Calls for Legislative Action on CIPA

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On Friday, October 17, 2025, U.S. District Court Judge Vince Chhabria issued a biting Order granting defendant Eating Recovery Center, LLC’s (“ERC”) motion for summary judgment on the plaintiff Jane Doe’s California Invasion...more

Fisher Phillips

Judge Tosses California Digital Wiretapping Claim: Here’s the Good News + Lessons for Businesses

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A federal judge in San Francisco just gave website operators a major win, calling the California Invasion of Privacy Act “a total mess” – but the ruling also highlights major privacy risks businesses still face nationwide....more

Wilson Sonsini Goodrich & Rosati

U.S. Federal Court Allows CIPA Class Action Against AI Customer Service Provider to Proceed

On August 11, 2025, the U.S. District Court for the Northern District of California denied a motion to dismiss a California Invasion of Privacy Act (CIPA) class action lawsuit filed against ConverseNow Technologies, Inc....more

Robinson+Cole Data Privacy + Security Insider

Federal Jury Finds Against Meta for Collecting Data from Flo Health

On August 1, 2025, a California federal jury found that Meta violated the California Invasion of Privacy Act (CIPA) by collecting data from the Flo Health app without the consent of the individuals who downloaded the app and...more

Seyfarth Shaw LLP

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

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The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

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

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

Klein Moynihan Turco LLP

VPPA Lawsuit Against Major Video Game Studio Dismissed

On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged...more

Troutman Pepper Locke

Is AI Eavesdropping on You?‎

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Consumer-facing artificial intelligence (“AI”) tools are quickly becoming the target of wiretapping class actions, particularly in California where the state’s wiretapping law provides for statutory damages and has been...more

Array

This Week in eDiscovery: State Courts Rule on AI | Web Tracking Data

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 28-November 3. Here’s...more

Proskauer on Privacy

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

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Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

Baker Botts L.L.P.

Spinning into Legal Trouble: Peloton Accused of Wiretapping in California Privacy Lawsuit

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Like many organizations, Peloton is facing a legal challenge under the California Invasion of Privacy Act (CIPA) relating to the company’s alleged use of third-party technology on its website to intercept chat communications...more

StoneTurn

Foreign Companies Investing in U.S. Real Estate: Are You a National Security Risk?

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The U.S. government has made it clear that foreign companies investing in and/or purchasing U.S. real estate can present a national security risk. It is imperative that foreign investors develop an internal and robust...more

Klein Moynihan Turco LLP

Swigart Law Group CIPA Demands

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

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

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