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Class Action Web Tracking

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

DarrowEverett LLP

Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use

DarrowEverett LLP on

Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more

BakerHostetler

The ‘New-Look’ Song-Beverly Credit Card Act: Web-Tracker Edition

BakerHostetler on

The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more

K&L Gates LLP

Pen Register and Trap and Trace Claims: The Latest Wave of CIPA Litigation

K&L Gates LLP on

A new species of website privacy litigation has taken hold in 2024, based on arcane provisions of the California Invasion of Privacy Act (CIPA) that restrict law enforcement’s use of pen register or trap and trace devices...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

Jackson Lewis P.C.

Top 10 for 2024 – Happy Data Privacy Day!

Jackson Lewis P.C. on

To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024. 1. AI regulations to protect data privacy. Automated decision-making tools, smart cameras, wearables,...more

Benesch

Pricing Litigation: Ten Years In

Benesch on

Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more

Holland & Knight LLP

Lawsuit Seeks to Block OCR HIPAA Guidance on Online Tracking Tools

Holland & Knight LLP on

Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties. ...more

Sheppard Mullin Richter & Hampton LLP

Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance

On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department...more

Robinson+Cole Data Privacy + Security Insider

Advocate Aurora Health to Pay $12.25 Million Settlement for Data Breach Class Action

In October 2022, Advocate Aurora Health notified 3 million individuals of a data breach resulting from its use of tracking pixels on its website for tracking website visitor activity. Now, this month, Advocate Aurora Health...more

BCLP

VPPA Trends: Considerations for Limiting Exposure

BCLP on

In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more

Robinson Bradshaw

Collegiate Sports Team Websites Are New Target in Privacy Class-Action Litigation

Robinson Bradshaw on

Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic team websites, Sidearm Sports...more

Fisher Phillips

PEO Pointers – Are You Using Chatbots or Pixels on Your Website? Consider Mitigating Measures to Avoid Wiretapping Litigation

Fisher Phillips on

Some common digital marketing techniques used by PEOs have become the recent target of data security litigation – and you should consider taking mitigating measures if your PEO deploys these strategies to put yourself in a...more

Shook, Hardy & Bacon L.L.P.

California Rulings Prompt Wave of Website Wiretapping Claims

If your company has a website and does not disclose the use of session replay software or that the chats on its website are being transcribed, please read this important alert. ...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Robinson+Cole Data Privacy + Security Insider

Chick-Fil-A Sued for Sharing Data through Meta Pixel

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta...more

Kilpatrick

For Your 2023 Worry List: Anti-Wiretap Class Actions Against Website Operators Surge, But Proper Consent Can Reduce Risk

Kilpatrick on

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

ArentFox Schiff

The Rise Of The Self-Tapping Website? State Wiretapping Class Actions Take Off After Two Recent Circuit Court Decisions

ArentFox Schiff on

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

Wiley Rein LLP

[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm -...

Wiley Rein LLP on

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely...more

Fox Rothschild LLP

Business Websites Face Unexpected Wave of Class Action Lawsuits

Fox Rothschild LLP on

A recent string of lawsuits filed against large companies including a major movie studio, a professional sports league, CNN, HuffingtonPost.com, ESPN and Buzzfeed have returned the federal Video Privacy Protection Act (VPPA)...more

Robinson+Cole Data Privacy + Security Insider

Oracle Accused of Invading Privacy with Tracking Technologies

A new class action lawsuit was filed in federal court in California against Oracle America, Inc., alleging that it has been invading consumers’ privacy by using tracking technologies to build “digital dossiers” on individual...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

Hinch Newman LLP on

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

BakerHostetler

Panning for Litigation Gold in ‘1's' and ‘0's'

BakerHostetler on

How it began: A woman used her smartphone to browse once for accessories on her favorite retailer’s website. How it’s going: The retailer and an online consumer tracking software company find themselves in the long slog of...more

Kilpatrick

Data interception class actions – S.D. Fla. dismisses claim that use of session replay software violates Florida Security of...

Kilpatrick on

Takeaway: As we reported in a recent article – New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements (April 5, 2021) – creative class action lawyers have filed a...more

Davis Wright Tremaine LLP

Challenges to Google's Collection of Web Browsing Data Survive Motion to Dismiss

A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more

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