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Wiretapping Web Tracking Data Privacy

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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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

Robinson+Cole Data Privacy + Security Insider

Yahoo ConnectID Faces Class Action Over Email Address Tracking as Alleged Wiretap Violation

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

Klein Moynihan Turco LLP

CIPA Claims and GET Requests

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

Robinson+Cole Data Privacy + Security Insider

Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?

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

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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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

Polsinelli

Technology Transactions & Data Privacy - 2025 Report

Polsinelli on

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

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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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

Fisher Phillips

Groundbreaking Class Certification Decision in Website Tracking Case Serves as Wake-Up Call for Businesses: Proactive Steps You...

Fisher Phillips on

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

Wyrick Robbins Yates & Ponton LLP

Naughty and Nice: Recent Website Tracking Technology Cases Present Mixed Bag for Website Operators

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

Jackson Lewis P.C.

Litigation Under Wiretap Law and What Website Owners Need to Know

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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

K&L Gates LLP

Mass. SJC Limits Website Tracking Technology Claims Under Wiretap Act

K&L Gates LLP on

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

Nelson Mullins Riley & Scarborough LLP

Muddy Waters: October's Judicial Opinions for Privacy and Digital Tracking

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

Saul Ewing LLP

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

Saul Ewing LLP on

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

WilmerHale

Web Trackers Pose New Regulatory, Legal Headaches for Companies

WilmerHale on

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

Husch Blackwell LLP

Massachusetts Supreme Judicial Court Issues Opinion Holding Website Tracking Tools Do Not Violate State Wiretapping Law

Husch Blackwell LLP on

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

Klein Moynihan Turco LLP

Big Massachusetts Wiretap Victory for Industry

Klein Moynihan Turco LLP on

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

Fisher Phillips

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Fisher Phillips on

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

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

Benesch on

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

K&L Gates LLP

Litigation Minute: 2023 Year in Review and 2024 Look Ahead

K&L Gates LLP on

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

Troutman Pepper Locke

Beware Common Website Technology Tools That Can Lead to Wiretap Claims

Troutman Pepper Locke on

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

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

DarrowEverett LLP on

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

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

Coblentz Patch Duffy & Bass

Companies Should Keep in Mind Chatbots, Session Recordings, Mouseclicks: New Consumer Privacy Suits Continue Under Decades-Old...

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

K&L Gates LLP

Litigation Minute: Pixel Tools and Personal Financial Information (Pixel Tool Litigation Series: Part Three of Four)

K&L Gates LLP on

What You Need to Know in a Minute or Less - Media reports, as well as a recent report prepared by various US senators and representatives, have focused attention on the use of pixel tools on the websites of major tax filing...more

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