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Website Owner Liability

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Continue to Decrease in 2024

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Plaintiffs filed 2,452 website accessibility lawsuits in federal court in 2024 – a 13% decrease from 2023....more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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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

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

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As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more

Constangy, Brooks, Smith & Prophete, LLP

CIPA Lawsuits: New York court comes to defense of website operators

The California Invasion of Privacy Act continues to be a focal point for privacy litigation, particularly concerning website tracking practices. A recent case, Gabrielli v. Insider Inc. sheds new light on whether collecting...more

Seyfarth Shaw LLP

Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA

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Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes....more

Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

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Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Offit Kurman

Empowering Children in the Online Era with Katie Schumacher

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In this episode of The Sandwich Generation Survival Guide, host Candace Dellacona welcomes Katie Schumacher, founder of Don't Press Send, to discuss the challenges and responsibilities faced by the sandwich generation when...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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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

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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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

Fisher Phillips

Groundbreaking Class Certification Decision in Website Tracking Case Serves as Wake-Up Call for Businesses: Proactive Steps You...

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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

Hinshaw & Culbertson - Employment Law...

Federal Judge in New York Rules that an Online-Only Website is Not a Place of Public Accommodation Under Title III of the ADA

On September 30, 2024, Chief Judge Laura Swain of the Southern District of New York, issued a ruling that a standalone website is not a place of public accommodation under Title III of the Americans With Disabilities Act...more

Wyrick Robbins Yates & Ponton LLP

Naughty and Nice: Recent Website Tracking Technology Cases Present Mixed Bag for Website Operators

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

DarrowEverett LLP

[Webinar] Digital Defense: Safeguarding Your Business and Website From Privacy Act Risks - December 18th, 12:00 pm - 12:45 pm ET

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Businesses operating public-facing websites should be aware of a troubling (and potentially expensive) trend: Mass arbitration claims are being filed against site operators, with plaintiffs arguing that website operators' use...more

Robinson+Cole Health Law Diagnosis

Massachusetts Supreme Court Rules Online Tracking Technologies Do Not Violate State Wiretap Law

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

Clark Hill PLC

Massachusetts Supreme Court Pops Plaintiff’s Pixel Proceeding

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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

WilmerHale

Massachusetts Supreme Court Narrows Scope of State’s Wiretapping Law

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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

Morgan Lewis

ADA Compliant Websites: Uptick in Litigation Against Financial Services Firms, Increased Regulatory Attention

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Amid a notable recent uptick in website accessibility cases, both threatened and filed, against financial services companies alleging violations under the Americans with Disabilities Act (ADA) and/or similar state and local...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

Alston & Bird

Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action

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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

Seyfarth Shaw LLP

Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law

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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

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

Klein Moynihan Turco LLP

Big Massachusetts Wiretap Victory for Industry

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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

BCLP

SDNY Chief Judge Holds that Stand-alone Website Is Not a Place of Public Accommodation

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In a recent decision, Chief Judge Laura Swain of the U.S. District Court for the Southern District of New York ruled that a “stand-alone website is not a place of public accommodation under Title III of the ADA.”...more

BakerHostetler

FTC To Examine How the ‘Attention Economy’ Impacts Kids

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The Federal Trade Commission (FTC or Commission) recently announced that it will hold a virtual workshop to examine the use of design features that aim to monopolize kids’ time online, a concept that has been branded the...more

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