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Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

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

Paul Hastings LLP

Federal Court Offers New Perspective on CIPA Interpretation

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We continue to learn more about the courts’ perspective on claims under the California Information Privacy Act (“CIPA”). Last month, in Moody v. C2 Educational Systems Inc., the U.S. District Court for the Central District of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Klein Moynihan Turco LLP

CIPA and Trap and Trace Devices

Readers of this blog may recall our prior piece about recent lawsuits alleging that the use of tracking software on certain websites violates the California Invasion of Privacy Act (“CIPA”). While earlier lawsuits focused on...more

Paul Hastings LLP

CFPB Rules Expected Soon on Chatbots

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The Biden administration announced this week that it expects to release guidance in the future regarding the use of chatbots on company websites. As part of the “Time is Money” initiative to improve and streamline 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

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2024

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Keypoint: Courts reject personal jurisdiction arguments and suggest the Shopify decision will be overturned; Courts continue to show differing approaches to VPPA claims at the pleading stage with a large VPPA class action...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...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

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...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

Jenner & Block

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

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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

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?

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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

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...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

Robinson+Cole Data Privacy + Security Insider

California Trap & Trace Class Actions on the Rise in the Age of Website Trackers

Future LLC, a magazine and website publisher and owner of the TechRadar.com website, faces allegations that it collected website visitors’ IP addresses without consent in violation of the California Invasion of Privacy Act...more

Klein Moynihan Turco LLP

Contradictory CIPA Pen Register Decisions Create Uncertainty

Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act...more

Fisher Phillips

Your Third-Party Website Vendors Might Be Exposing Your Business to a New Theory of Liability: 3 Steps You Should Consider Right...

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What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in...more

Bond Schoeneck & King PLLC

California Courts Continue to See Rise in CIPA Litigation Involving Tracking Technologies and Website Usage

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

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

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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

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