Legal Alert | Wiretap Laws in the United States
Anti-Wiretap Class Actions Against Website Operators Surge, but Proper Consent Can Reduce Risk
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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
Consumer-facing artificial intelligence (“AI”) tools are quickly becoming the target of wiretapping class actions, particularly in California where the state’s wiretapping law provides for statutory damages and has been...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of October 28-November 3. Here’s...more
Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more
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
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
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
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
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
On May 9, 2024, Paul Hastings participated in a panel on litigation trends and risk management at this spring’s Privacy+Security Forum. Panelists included Carter Simpson (Partner, Paul Hastings) and Matt Gardner (Senior...more
Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more
On March 15, 2024, a United States District Court for the Southern District of California granted Defendant’s Motion to Dismiss in the matter of Rodriguez v. Ford Motor Company. In her eavesdropping lawsuit, Plaintiff alleged...more
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
This is the eighth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post, we look at privacy litigation...more
Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more
Plaintiffs class action lawyers have latched onto privacy litigation as their next big meal ticket. Over the past year, companies have faced a new barrage of lawsuits under the federal Video Privacy Protection Act, (VPPA) and...more
The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more
Businesses with consumer-facing websites face a bit of a legal “Wild West” with regard to the collection of data at the moment. Most businesses collect some degree of consumer or site visitor data using cookies, web beacons,...more
Over the last few months, a wave of consumers have filed putative class action complaints against a long list of consumer-facing website owners/operators and their software providers alleging invasion of privacy rights under...more
The First Circuit’s recent opinion in Project Veritas Action Fund v. Rollins, upheld a challenge to the Massachusetts anti-wiretap law, Mass. Gen. Laws ch. 272, § 99, carving out an exception for certain activity protected by...more
On Sept. 22, my colleague Sharon Roberg Perez wrote about the WeConnect App that has Standard Innovation Corp facing class action claims related to wire-tapping, prohibited eaves-dropping, intrusion upon seclusion, and...more
Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more