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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

Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

Husch Blackwell LLP on

Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Goodwin

Internet Privacy Litigation Continues to Create Uncertainty for Websites Using Third-Party Technology while Expanding to More...

Goodwin on

The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more

Coblentz Patch Duffy & Bass

Companies Should Keep in Mind Chatbots, Session Recordings, Mouseclicks: New Consumer Privacy Suits Continue Under Decades-Old...

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

K&L Gates LLP

Litigation Minute: The Next Wave of Website Privacy Lawsuits (Pixel Tool Litigation Series: Part One)

K&L Gates LLP on

What You Need To Know In A Minute Or Less - The rise in session replay litigation has paved the way for a new wave of website privacy lawsuits: pixel tool litigation. Plaintiffs have increasingly challenged the use of this...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2023

Husch Blackwell LLP on

Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases. This is the fifth installment in our monthly data privacy...more

K&L Gates LLP

Litigation Minute: Protecting Against Session Replay Suits (Session Replay Series: Part Four of Four)

K&L Gates LLP on

What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more

Husch Blackwell LLP

Privacy Litigation Update: California courts strike back against claims that website chat functionality violates wiretapping...

Husch Blackwell LLP on

Keypoint: In the wake of a recent California decision that allowed claims alleging use of chat functionality on website violated California wiretapping laws, three California district courts have dismissed nearly identical...more

Kilpatrick

For Your 2023 Worry List: Anti-Wiretap Class Actions Against Website Operators Surge, But Proper Consent Can Reduce Risk

Kilpatrick on

Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

ArentFox Schiff

The Rise Of The Self-Tapping Website? State Wiretapping Class Actions Take Off After Two Recent Circuit Court Decisions

ArentFox Schiff on

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software....more

Procopio, Cory, Hargreaves & Savitch LLP

New Class Action Litigation Aimed at Website Chat Features

Imagine you’re the CEO of a Midwest-based company operating an e-commerce website. You just attended the monthly sales and marketing presentation, and are pleased with the customer satisfaction and sales revenue numbers since...more

Ballard Spahr LLP

Third Circuit Ruling in Wiretap Case May Bring Greater Scrutiny to Privacy Policy Disclosures

Ballard Spahr LLP on

In a class action with potentially significant impact on data sharing disclosures that companies routinely provide in online privacy policies, the Third Circuit recently ruled that NaviStone, a third party marketing service,...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

Hinch Newman LLP on

Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more

BakerHostetler

Panning for Litigation Gold in ‘1's' and ‘0's'

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How it began: A woman used her smartphone to browse once for accessories on her favorite retailer’s website. How it’s going: The retailer and an online consumer tracking software company find themselves in the long slog of...more

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