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"
Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more
In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more
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
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
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
Keypoint: In the wake of a recent California decision that allowed claims alleging use of chat functionality on website violated California wiretapping laws, three California district courts have dismissed nearly identical...more
Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more
The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software....more
Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since...more
According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable...more
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
Last week, the U.S. District Court for the Northern District of California dismissed a class action claim that Google’s modifications to its customer privacy policies and subsequent sharing of customer data across Google...more