News & Analysis as of

Software Wiretapping

Hinckley Allen

Massachusetts’ Highest Court Issues Landmark Decision Dismissing Wiretap Class Action Based Upon Website Tracking Tools

Hinckley Allen on

In a long-awaited decision affecting the scope of privacy protections in Massachusetts, on October 24, 2024, the Massachusetts Supreme Judicial Court (“SJC”) held that collecting and transmitting user browsing activities,...more

Nelson Mullins Riley & Scarborough LLP

Muddy Waters: October's Judicial Opinions for Privacy and Digital Tracking

October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more

Baker Botts L.L.P.

Spinning into Legal Trouble: Peloton Accused of Wiretapping in California Privacy Lawsuit

Baker Botts L.L.P. on

Like many organizations, Peloton is facing a legal challenge under the California Invasion of Privacy Act (CIPA) relating to the company’s alleged use of third-party technology on its website to intercept chat communications...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

Jenner & Block on

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

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

Mintz on

In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...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

Kilpatrick

PLAY IT AGAIN, SAM . . . BUT WAIT – WHAT IS HE PLAYING, AND WHO IS SAM?: Website Session Replay Software and Wiretapping

Kilpatrick on

The trend of class action cases alleging wiretap statute violations against website operators for the use of session replay software to collect information of website users, as our privacy team previously discussed here,...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: December 2023

Husch Blackwell LLP on

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

Proskauer on Privacy

Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches

Proskauer on Privacy on

Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies. ...more

Flaster Greenberg PC

Protecting Your Business from Wiretap Lawsuits Targeting Companies with Consumer-Facing Websites

Flaster Greenberg PC on

Businesses with consumer-facing websites face a bit of a legal “Wild West” with regard to the collection of data at the moment. Most businesses collect some degree of consumer or site visitor data using cookies, web beacons,...more

BCLP

Is your website violating California's Wiretap Act?

BCLP on

Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more

Fox Rothschild LLP

The 9th Circuit Reversed a Consumer Wiretapping Dismissal Involving the Use of Session Replay Software. Does It Change Anything?

Fox Rothschild LLP on

Anyone following consumer privacy trends is likely aware of the wave of consumer litigations filed against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

Holland & Knight LLP on

Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more

Fenwick & West LLP

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

Fenwick & West LLP on

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

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