News & Analysis as of

Wiretapping Privacy Laws

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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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

Klein Moynihan Turco LLP

E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more

Pierce Atwood LLP

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

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In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...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

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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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

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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

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

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In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more

Paul Hastings LLP

Paul Hastings Hosts Panel on Litigation Trends and Risk Management

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On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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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

ArentFox Schiff

Class Action Year in Review: Wiretapping Update From Class Action to Mass Arbitration

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In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2024

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Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Jackson Lewis P.C.

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

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Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: December 2023

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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

Proskauer on Privacy

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

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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

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: October 2023

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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

Dorsey & Whitney LLP

Privacy Litigation Trends - Back to the Future

Dorsey & Whitney LLP on

Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: September 2023

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Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more

Womble Bond Dickinson

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand...

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California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this...more

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

Pierce Atwood LLP

Enforcing U.S. Consumer Data Privacy Laws Part 3: Private Litigation and Arbitration

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In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2023

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Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases. This is the fifth installment in our monthly data privacy...more

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