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Eversheds Sutherland (US) LLP

Recent CIPA decisions suggest website privacy class actions will continue

Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Reaffirms Disapproval of “Browsewrap” Agreements to Arbitrate

Consent is generally a precondition to an enforceable contract. Some website operators have attempted to enforce arbitration clauses set forth in the terms and conditions listed on their websites just because a consumer...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

Clark Hill PLC

Children’s Data Update: From FTC and State Agency Enforcement to KOSA Advancing the Senate

Clark Hill PLC on

On July 7, the FTC and the Los Angeles District Attorney’s Office filed a complaint in the United States District Court for the Central District of California against the developer of an anonymous messaging app (NGL Labs,...more

Klein Moynihan Turco LLP

Swigart Law Group CIPA Demands

Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law...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

ArentFox Schiff

Criminalizing the Internet – Websites as ‘Trap and Trace Devices’ Under CIPA

ArentFox Schiff on

Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet. ...more

Proskauer on Privacy

Court Rejects Claims that Website’s Live Chat Feature Violates California’s Prohibitions on Wiretapping and Eavesdropping

Proskauer on Privacy on

Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions. ...more

Burr & Forman

Do You Have a Pixel Problem?

Burr & Forman on

If you do not know what a pixel is, you may have a problem and should read on. This article will explain the recent trend of “pixel litigation” and suggest some ways to help companies avoid liability and avoid becoming...more

Fox Rothschild LLP

ADA Final Rule Introduces Technical Standards for Compliant Website and App Design

Fox Rothschild LLP on

Website accessibility under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act has been a subject of much litigation for private entities. Recent changes applying to public entities may give...more

Arnall Golden Gregory LLP

Navigating California’s Surge in CIPA Cases: How to Safeguard Websites Using Third-Party Tech

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

Greenberg Glusker LLP

Best Practices for Apps & Websites to Avoid Claims Under the California Invasion of Privacy Act (CIPA)

Greenberg Glusker LLP on

Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation....more

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

CDF Labor Law LLP on

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

Wyrick Robbins Yates & Ponton LLP

No Money, Mo’ Problems: DoorDash CCPA Enforcement Action Emphasizes Personal Information “Sales” Aren’t All About the Benjamins

The California Attorney General (“AG”) recently delivered (pun very much intended) a public CCPA enforcement action against DoorDash, its second following the 2022 settlement with Sephora. The DoorDash action stems from a...more

Jackson Lewis P.C.

California Invasion of Privacy Act Violations Aimed at Online Retailers

Jackson Lewis P.C. on

California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance...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

Jenner & Block

Ninth Circuit Limits Jurisdiction Over Web-Based Platforms

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In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants...more

Robinson+Cole Data Privacy + Security Insider

California Privacy Protection Agency Launches New Website with Privacy Rights Resources

Last week, the California Privacy Protection Agency (CPPA) launched a new website dedicated to providing resources to California residents about their privacy rights under the California Consumer Privacy Act (CCPA). The...more

Alston & Bird

Legislative Intent Supports a Year’s Reprieve from California’s Voluntary Carbon Market Disclosure Act

Alston & Bird on

Our Environment, Land Use & Natural Resources and Securities Groups review the possibility of a welcome delay to enforcement of California’s Voluntary Carbon Market Disclosure Act....more

Robinson+Cole Data Privacy + Security Insider

CPPA Votes in Favor of Web Browser

Last week, the California Privacy Protection Agency (CPPA) voted in favor of a legislative proposal that would require web browsers to include a feature that allows web users the ability to exercise their privacy rights under...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

Troutman Pepper

Online Tracking Case Dismissed by Ninth Circuit Holding that Online Purchase Does Not Subject Web-Based Payment Processing...

Troutman Pepper on

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment...more

ArentFox Schiff

California Adopts Privacy Protections for Digital Reproductive and Sexual Health Information

ArentFox Schiff on

With the recent passage of Assembly Bill (AB) 254 and AB 1697, California’s Confidentiality of Medical Information Act (CMIA) will extend privacy protections to reproductive and sexual health information on mobile...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

DarrowEverett LLP on

The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Bass, Berry & Sims PLC

California GHG Emission Website Disclosure Legislation to Take Effect on January 1, 2024

Bass, Berry & Sims PLC on

Recently, the State of California enacted Assembly Bill 1305: the Voluntary Carbon Market Disclosures Act (AB 1305), which requires companies, under certain circumstances, to make website disclosures of certain information...more

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