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: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more
4/10/2024
/ Consumer Privacy Rights ,
Corporate Counsel ,
E-Commerce ,
Electronic Communications ,
Electronic Monitoring ,
Internet Retailers ,
Privacy Policy ,
Tracking Systems ,
Web Tracking ,
Websites ,
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
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: 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
Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...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