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
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Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
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
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
Yahoo’s ConnectID is a cookieless identity solution that allows advertisers and publishers to personalize, measure, and perform ad campaigns by leveraging first-party data and 1-to-1 consumer relationships. ConnectID uses...more
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
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...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
Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more
In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more
Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing...more
In a critical new decision, the Massachusetts Supreme Judicial Court has confirmed that the state’s anti-wiretapping statute does not extend to website tracking technologies. In Vita v. New England Baptist Hospital, the Court...more
October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more
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
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. Gone are the days where marketing...more
Keypoint: Massachusetts’ highest court ruled the use of software that tracks users’ activity on its website does not violate the state’s Wiretap Act, which was intended to prevent the recording or interception of...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
Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record...more
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
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
Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...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
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
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
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