News & Analysis as of

Class Action Website Owner Liability Websites

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.
Alston & Bird

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

Alston & Bird on

On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its...more

Arnall Golden Gregory LLP

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...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

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

BakerHostetler

The Next Chapter of CIPA Litigation: The Pen Register and Trap and Trace Device

BakerHostetler on

For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more

Goodwin

Internet Privacy Litigation Continues to Create Uncertainty for Websites Using Third-Party Technology while Expanding to More...

Goodwin on

The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more

Fisher Phillips

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

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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

Carlton Fields

[Webinar] Website Tech Fueling Privacy Litigation: How to Reduce Your Risk - April 13th, 12:00 pm - 1:00 pm ET

Carlton Fields on

Website technologies (such as cookies, session-replay software, and other tools) are fueling a rise in privacy class actions and drawing regulators’ scrutiny. Plaintiffs’ attorneys are pursuing these claims under a variety of...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

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

Hinch Newman LLP

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

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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

Mitratech Holdings, Inc

10 Privacy Predictions for 2020

In the last two years, businesses have been catapulted into a dizzying new world, with privacy expectations and requirements that were unheard of just two years ago. ...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more

Jackson Lewis P.C.

Federal Court Allows Class Action Website Disability Access Case To Proceed Against An Employer

Jackson Lewis P.C. on

While we continue to wait for guidance from the government on website accessibility standards, plaintiffs continue to challenge the accessibility of company websites. For years, individuals have brought lawsuits claiming that...more

Polsinelli

Warning: Websites and Apps Must Comply with the ADA

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Recently, the U.S. Ninth Circuit Court of Appeals ruled in Robles v. Domino’s Pizza that an employer’s websites and mobile applications, or “apps,” are subject to the strictures of the Americans with Disabilities Act, as...more

Eversheds Sutherland (US) LLP

Ninth Circuit reversal delivers blow to defense of website accessibility class actions

On January 15, 2019, the US Court of Appeals for the Ninth Circuit revived a previously dismissed Americans with Disabilities Act (ADA) website accessibility class action against Domino’s Pizza. In Robles v. Domino’s Pizza,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

Bilzin Sumberg

Legal Precedent May Come From Ashley Madison Breach

Bilzin Sumberg on

The Ashley Madison saga has captured the attention of the public and legal profession like few prior data security breaches. The reasons are obvious: A website devoted to promoting infidelity is called out for “fraud, deceit,...more

Butler Snow LLP

Cheatin’ Ain’t Easy: Potential Theories of Liability Emerge for Online Cheating Website Ashley Madison

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Ashley Madison, a dating website specifically geared towards married individuals looking to have an affair, recently found out it was the victim of cyber hackers who claim to have stolen personal information, including names...more

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