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
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
10/22/2024
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Personally Identifiable Information ,
State Privacy Laws ,
Third-Party ,
Vendors ,
Video Recordings ,
VPPA ,
Wiretapping
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
9/10/2024
/ CIPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
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
8/23/2024
/ CIPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
SaaS ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
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
7/16/2024
/ Audio Recording ,
CIPA ,
Class Action ,
Data Privacy ,
Data Protection ,
ECPA ,
Privacy Laws ,
Shopify ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
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
6/13/2024
/ CIPA ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Discovery Disputes ,
Facebook ,
Personal Jurisdiction ,
Privacy Laws ,
Private Right of Action ,
VPPA ,
Websites ,
Wiretapping
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
5/7/2024
/ Audio Recording ,
Call Centers ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Facebook ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
Video Recordings ,
VPPA ,
Websites ,
Wiretapping
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
3/6/2024
/ Chat Rooms ,
CIPA ,
Consent ,
Data Privacy ,
Electronic Communications ,
Invasion of Privacy ,
IP Addresses ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
VPPA ,
Wiretapping
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
2/6/2024
/ American Arbitration Association ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Facebook ,
Frivolous Lawsuits ,
Privacy Laws ,
VPPA ,
Websites ,
Wiretapping
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
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
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
10/12/2023
/ Consent ,
Data Privacy ,
Eavesdropping ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
State Privacy Laws ,
Third-Party Service Provider ,
Video Recordings ,
VPPA ,
Wiretapping
Keypoint: In July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology....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
This is the fourth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy tends in the past month. In this post we look at...more
Keypoint: April 2023 saw developments in chat, session replay, voice recording, and VPPA litigation along with two new trends to watch in May.
This is our second installment in our monthly data privacy litigation reports to...more
Keypoint: In March 2023, more California courts tackled motions to dismiss claims that chat features violate wiretapping laws while Georgia and Minnesota courts weighed in on VPPA claims....more
Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies.
Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more