Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more
In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more
Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more
In a highly anticipated decision on an issue facing courts across the country, the Massachusetts Supreme Judicial Court held in late October that Massachusetts hospitals’ use of online tracking technologies that collect and...more
Companies commonly use tracking technologies – such as Meta’s “Pixel” software or “Google Analytics” – on their websites for various reasons. In numerous class actions across the country, plaintiffs have claimed that the use...more
On October 24, 2024, the Supreme Judicial Court of Massachusetts issued its highly anticipated decision in Vita v. New England Baptist Hospital, rejecting a plaintiff’s attempt to pin Wiretap Act liability on two hospitals...more
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
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
In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...more
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
Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most...more
On July 30, 2024, New York Attorney General Letitia James announced two new privacy guides that could affect your business, a Business Guide to Website Privacy Controls and a Consumer Guide to Web Tracking....more
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
California continues to grapple with a significant surge in lawsuits and arbitration demands aimed at businesses operating websites employing technology to monitor online activities. These cases hinge on the California...more
The California Invasion of Privacy Act (CIPA) was originally passed in 1967 to curb unlawful telephone wiretapping. Now, in the age of website tracking technologies, this outdated law is being wielded by plaintiffs’ attorneys...more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...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
For the past several years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA)....more
As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that...more
Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more
Numerous new website technologies and tools allow companies to more effectively interact with their customers. These include chatbots, session recording software, tracking pixels (snippets of code that can be used to identify...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