News & Analysis as of

Wiretap Act Marketing

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

BCLP on

It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Dorsey & Whitney LLP

Privacy Litigation Trends - Back to the Future

Dorsey & Whitney LLP on

Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more

Houston Harbaugh, P.C.

The United States Court of Appeals for the Third Circuit Expands the Application of the Pennsylvania Wiretap Act.

Houston Harbaugh, P.C. on

On August 16, 2022, in Popa v. Harriet Carter Gifts, Inc., the United States Court of Appeals for the Third Circuit held that using web analytics to track visitors actions on websites could violate the Pennsylvania...more

Morgan Lewis

Third Circuit Rejects Direct-Party Exception for Digital Marketers Under Pennsylvania’s Wiretap Statute

Morgan Lewis on

In a precedential decision with potential implications for online privacy disclosures and consent practices, the Court of Appeals for the Third Circuit recently ruled that a retailer and its third-party digital marketer were...more

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