News & Analysis as of

Invasion of Privacy

TNG Consulting

When the Image Isn’t Real: Addressing AI-Generated Explicit Photos

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Sexually explicit photos are appearing more often in educational environments. Whether the images are real (authentic) or fake (synthetic, including AI-generated or “deepfake”), the harm they cause can be significant. When...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit rules Telephone Consumer Protection Act does not prohibit texts with optional video content

On January 13, the U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a putative class action lawsuit challenging unsolicited text messages containing video files under the Telephone Consumer Protection Act...more

A&O Shearman

A cautionary tale: UK CMA given green light to raid home of potentially dishonest director

A&O Shearman on

The UK Competition and Markets Authority (CMA) has been granted a warrant to search the home of a managing director who denied using his personal phone for work purposes during a dawn raid at his company’s premises. ...more

CDF Labor Law LLP

Court Provides New Road to Early Victory Defeating CIPA Complaint

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A Los Angeles County trial court granted a Motion for Judgment on the Pleadings disposing of a CIPA (California Invasion of Privacy Act) complaint against a website operator before formal discovery or other expensive...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

Robinson+Cole Data Privacy + Security Insider

Universal Music Group Takes Center Stage with Recent California Court Narrowing of CIPA Class Action

The recent decision in Wiley v. Universal Music Group highlights how courts are scrutinizing website operators’ privacy controls and representations, particularly regarding cookie banners and opt-out tools. 2025 WL 3654085...more

Freeman Mathis & Gary

Absolute litigation privilege continues its expansion in Illinois

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In the recent decision, of Lewis v. Kalbhen, 2025 IL App (1st) 242110, the Illinois Appellate Court, First District, reaffirmed and meaningfully expanded the scope of the absolute litigation privilege, providing important...more

Jackson Lewis P.C.

The Hidden Legal Minefield: Compliance Concerns with AI Smart Glasses, Part 2 – Two-Party Consent and AI Note-Taking

Jackson Lewis P.C. on

As we explored in Part 1 of this series, AI-enabled smart glasses are rapidly evolving from niche wearables into powerful tools with broad workplace appeal — but their innovative capabilities bring equally significant legal...more

McCarter & English, LLP

Who, Me? A Wiretapper? Common Website Activities May Subject Your Business to Demands Under the California Invasion of Privacy Act

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Does your company operate a website and do business in California? If so, you may soon receive (if you have not already) a letter from a law firm on behalf of a California resident aggrieved by your alleged violation of the...more

Warner Norcross + Judd

A Word of Caution: Wiretap Lawsuits Continue to Plague Website Owners

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Over the last several years, plaintiffs’ attorneys and other individuals have used antiquated wiretapping laws, including California’s 1967 wiretapping act, to allege that businesses with websites utilizing third parties and...more

Fisher Phillips

Court Allows CIPA Claim Involving Third-Party Pixels To Proceed, Ignores Contrary Case Law: What Your Business Needs To Know

Fisher Phillips on

Businesses may be feeling a bit of whiplash from a recent federal court ruling on California’s wiretapping law and should be on alert for whether their website tracking technology could be used to file a viable lawsuit. On...more

Fisher Phillips

Court Tosses Most Claims in Healthcare Pixel Privacy Suit, Ruling That Website Visits Don’t Reveal PHI: What Your Business Should...

Fisher Phillips on

A California federal court recently handed healthcare businesses another victory in the ongoing wave of privacy lawsuits targeting website analytics and tracking tools. A California federal judge ruled on November 21 that...more

Smart & Biggar

Navigating privacy and personality rights in the world of AI

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The proliferation of AI tools that can generate convincing voice, image and video impersonations has led to increased (and often hidden) liability risk for companies leveraging AI technologies in their marketing....more

Troutman Pepper Locke

Third Circuit Provides Helpful Guidance on the “Party Exception” to Wiretap Liability and What Constitutes “Medical Information”...

Troutman Pepper Locke on

The Third Circuit Court of Appeals recently issued an opinion affirming the dismissal of a class action complaint asserting both California Invasion of Privacy Act (CIPA) and California Medical Information Act (CMIA) claims,...more

Burr & Forman

Fighting California Invasion of Privacy Act (CIPA) Demands

Burr & Forman on

Businesses across the world have incorporated Meta Pixel into their website functionality to enhance targeted advertising and tracking strategies. A recent wave of litigation involving plaintiffs issuing California Invasion...more

Akin Gump Strauss Hauer & Feld LLP

California Federal Court Limits Reach of California Privacy Laws in Dismissal of Putative Nationwide Class Action

On October 30, 2025, the U.S. District Court for the Northern District of California dismissed a putative nationwide class action filed by three residents of North Carolina and Oklahoma against California-based Samba TV, Inc....more

Marshall Dennehey

New Jersey Supreme Court Holds One-Year Statute of Limitations for Defamation Also Applies to False Light Claims

Marshall Dennehey on

Salve Chipola, III v. Sean Flannery, (A-2-24) (088836) (August 7, 2025) - The New Jersey Supreme Court ruled that the one-year statute of limitations for defamation claims equally applies to false light claims. Due to the...more

Robinson+Cole Data Privacy + Security Insider

Playing by the Rules: California Invasion of Privacy Act Class Action Complaint Filed Against Dave & Buster’s

A class action complaint filed in the Northern District of California on October 17, 2025, alleges that entertainment and arcade franchise Dave & Buster’s Entertainment Inc., misled website visitors about users’ ability to...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses privacy suit with leave to amend over payroll provider’s 2024 data breach

On October 22, a federal judge in the Eastern District of Pennsylvania granted a payroll provider’s motion to dismiss a privacy lawsuit arising from a March 2024 data breach. The plaintiff, a former user of the provider’s...more

Troutman Pepper Locke

The Northern District of California Calls on the California Legislature to Fix CIPA

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The N.D.Cal. shared its frustration with the language of CIPA, the conflicting rulings on how it has been applied, and the need for the legislature to fix it, as part of its recent decision granting summary judgment and...more

Klein Moynihan Turco LLP

Evolution of CIPA Tracking Claims

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As readers of this blog know, companies continue to be targeted in lawsuits asserting California Invasion of Privacy Act (“CIPA”) tracking claims. The fact that California courts have struggled to determine whether CIPA...more

CDF Labor Law LLP

CIPA Update: MSJ Win For Website Operators

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The U.S. District Court for the Northern District of California gave website operators an expedited exit from privacy-related complaints and lawsuits under the California Invasion of Privacy Act (CIPA), a 1960s-era law...more

McGuireWoods LLP

California’s CIPA Jurisprudence Is Unworkable: The Legislature Should Fix It—Starting With SB 690

McGuireWoods LLP on

California’s Invasion of Privacy Act (CIPA) is a 1967 criminal wiretapping statute being stretched to govern 2025-era internet technologies. The result has been a patchwork of conflicting decisions that turn on...more

Fisher Phillips

Website Tracking Lawsuit Against Retailer Dismissed for Lack of Standing: What California Ruling Means for Your Business

Fisher Phillips on

A California federal court recently handed businesses another major victory in the ongoing wave of privacy lawsuits targeting website analytics and tracking tools. On September 30, Judge Fernando Aenlle-Rocha of the Central...more

Fisher Phillips

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

Fisher Phillips on

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

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