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Websites Class Action Wiretapping

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

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

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In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

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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

Polsinelli

Technology Transactions & Data Privacy - 2025 Report

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It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts pushes back against wiretap claims in pixel litigation

Amid the continued wave of consumer class action lawsuits targeting the use of cookies, pixels, beacons, and other tracking tools on organizations’ websites, a recent decision from the Massachusetts Supreme Judicial Court...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

Saul Ewing LLP

Massachusetts Supreme Judicial Court Rejects Use of Wiretap Statute in Data Privacy Class Action Lawsuits

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Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer...more

Alston & Bird

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

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On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

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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

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

Klein Moynihan Turco LLP

Beware Of Pennsylvania Wiretap Laws!

If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits...more

K&L Gates LLP

Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

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A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices...more

Seyfarth Shaw LLP

Is the Video Privacy Protection Act Losing its Allure?

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Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time...more

K&L Gates LLP

Litigation Minute: 2023 Year in Review and 2024 Look Ahead

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What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are...more

BakerHostetler

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

BakerHostetler on

For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...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

Goodwin

Internet Privacy Litigation Continues to Create Uncertainty for Websites Using Third-Party Technology while Expanding to More...

Goodwin on

The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

Miller Nash LLP

Companies Face a New Wave of Class Action Privacy Litigation

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Plaintiffs class action lawyers have latched onto privacy litigation as their next big meal ticket. Over the past year, companies have faced a new barrage of lawsuits under the federal Video Privacy Protection Act, (VPPA) and...more

Goodwin

California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology

Goodwin on

The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more

Fisher Phillips

PEO Pointers – Are You Using Chatbots or Pixels on Your Website? Consider Mitigating Measures to Avoid Wiretapping Litigation

Fisher Phillips on

Some common digital marketing techniques used by PEOs have become the recent target of data security litigation – and you should consider taking mitigating measures if your PEO deploys these strategies to put yourself in a...more

K&L Gates LLP

Litigation Minute: Pennsylvania and Florida Emerge as Fertile Ground for Session Replay Litigation (Session Replay Series: Part...

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What You Need to Know in a Minute or Less - While session replay class-actions are not new, a recent change in law has triggered a surge of lawsuits in Pennsylvania. The claims raise significant questions about the scope of...more

Shook, Hardy & Bacon L.L.P.

California Rulings Prompt Wave of Website Wiretapping Claims

If your company has a website and does not disclose the use of session replay software or that the chats on its website are being transcribed, please read this important alert. ...more

Carlton Fields

Website Data Practices Fueling Privacy Class Actions: Six Tips for Reducing Risk

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Website tracking technologies have become ubiquitous as a means for companies to monitor traffic to their websites and enhance the user experience. Class actions alleging insufficient notice and consent related to those same...more

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