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Klein Moynihan Turco LLP

CIPA Arbitration Demands

Readers may recall prior pieces in which we discussed a pair of law firms responsible for bringing California Invasion of Privacy Act (“CIPA”) arbitration demands against online businesses. These CIPA arbitration demands...more

Kelley Drye & Warren LLP

California Senate Public Safety Committee Advances Pro-Business Amendment to CIPA

On April 29, 2025, the Senate Public Safety Committee voted 6-0 to advance legislation that would exempt processing of personal information for a commercial business purpose from coverage by the California Invasion of Privacy...more

Klein Moynihan Turco LLP

Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Robinson+Cole Data Privacy + Security Insider

Judge Rules “Tester” Plaintiffs Cannot Bring Wiretap Claims under California Invasion of Privacy Act

In a big win for businesses, a California federal court just held that a “tester” plaintiff—someone who visits websites to initiate litigation—cannot bring a claim under the California Invasion of Privacy Act (CIPA)....more

Fox Rothschild LLP

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

Fox Rothschild LLP on

If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

Ice Miller

The Continuing Saga of Ad Tracking Litigation: What Businesses Need to Know

Ice Miller on

Recent months have seen a dramatic increase in demand letters and litigation targeting websites and mobile apps. These claims often allege privacy violations stemming from the use of various technologies such as chat bots,...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

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

Husch Blackwell LLP on

Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more

Buchalter

Website Operators Beware: Privacy Litigation on the Rise

Buchalter on

Any business operating a website needs to be aware of the proliferation of lawsuits targeting websites which use any type of customer tracking technology. While advantageous to the business in its marketing efforts, the data...more

Sheppard Mullin Richter & Hampton LLP

Promising Decision in Wiretapping Case, Win for Businesses

Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

Husch Blackwell LLP on

Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Eversheds Sutherland (US) LLP

Recent CIPA decisions suggest website privacy class actions will continue

Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

Husch Blackwell LLP on

Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

Husch Blackwell LLP on

Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Proskauer on Privacy

Court Rejects Claims that Website’s Live Chat Feature Violates California’s Prohibitions on Wiretapping and Eavesdropping

Proskauer on Privacy on

Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions. ...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

Husch Blackwell LLP on

Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Proskauer on Privacy

Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches

Proskauer on Privacy on

Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies. ...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: October 2023

Husch Blackwell LLP on

This is the eighth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post, we look at privacy litigation...more

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