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Chatbots are likely to lead to a new wave of class action lawsuits. This is how are we helping our clients get ready. Claims include: •Contemporaneous recording by the chat provider - •Chat provider uses the chat...more
Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court...more
As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more
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
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
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
Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other...more
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
Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more
The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more
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
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
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
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
Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since...more
Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more
If you are recording or transcribing real time exchanges of communications, like in a chat or text messages, and keep transcripts of the chats without permission, you may be in violation of your state’s wiretap statutes....more
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
In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more