Legal Alert | Wiretap Laws in the United States
Anti-Wiretap Class Actions Against Website Operators Surge, but Proper Consent Can Reduce Risk
Webinar Recording – Assessing the Surge in Wiretap Litigation
Is Edward Snowden a Whistleblower?
Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what...more
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
Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. Biometrics Litigation - The Illinois Biometric Information Privacy Act...more
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
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
Keypoint: California state courts weigh in on what does, and does not, qualify as a “pen registry” or “tap and trace” device while one California federal court raises whether a wiretapping claim can also allow for a CCPA...more
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
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
Companies frequently wish to record telephone conversations related to their operations, customers, or business transactions. In response, the U.S. Congress and most state legislatures have enacted statutes and regulations...more
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
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
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more
Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more
The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more
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
Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more
As technology continues to open doors for industry, adopters need to be mindful of pitfalls and opportunities. Here we discuss allegations against organizations implementing technology related to the processing of biometric...more
The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert...more
Kilpatrick Townsend’s John Brigagliano recently participated in the “US State Privacy Law” panel at the 37th Annual Privacy & Technology Law Forum. Mr. Brigagliano moderated the discussion with Jason Loring (Vialto Global...more
Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an...more
Greece’s privacy protection authority recently announced it was fining Intellexa, an Israeli cyber tech company, EUR 50,000. The Hellenic Data Protection Authority (HDPA) imposed the fine as part of an investigation it...more
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
The Latest Trends and Developments in the Class Actions World - Labor & Employment- Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
US News - Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law - The Utah Consumer Privacy Act, also known as Senate Bill 227, recently cleared the Senate and the House. Though there are a few more steps...more
Given the volume of reporting on the data security risks posed by hackers and other bad actors online, it can be easy to overlook the "visual privacy" risks we encounter every day in the real world. As any "perpetually...more