Over the past year, there have been a growing number of lawsuits, including class actions, filed against website operators in various states — including California, Florida, Illinois, and Pennsylvania — for violations of state wiretapping laws or the Video Privacy Protection Act of 1988 (VPPA).

At a high level, these wiretapping lawsuits claim that the website intercepts website user and visitor information via session replay technology and other tracking technology in violation of certain state wiretapping laws. The states in which these lawsuits are occurring are states that require two-party consent to record conversations. Generally, session replay technology is the website’s ability to capture or track a user’s behavior, including what screen is being viewed, the user’s inputs — keyboard and mouse clicks — and other movements around the website. This also includes information provided in chat windows and other free text boxes. Other suits cite violations of VPPA’s prohibition of sharing information about one’s video viewing habits without consent.

To read the full Taft law bulletin, which provides background on state law wiretapping and VPPA claims, as well as some key takeaways, visit here.

Photo of Zenus Franklin Zenus Franklin

Zenus has wide-ranging experience with data governance and information technology, which brings a unique and vital perspective to his practice. He advises clients on data privacy matters, such as risk management, policy development, training, audits, website privacy policies and terms of use, website…

Zenus has wide-ranging experience with data governance and information technology, which brings a unique and vital perspective to his practice. He advises clients on data privacy matters, such as risk management, policy development, training, audits, website privacy policies and terms of use, website cookies, M&A due diligence, and data breach and incident response management. His expertise spans federal privacy regulations such as HIPAA, GLBA, FCRA, TCPA, FERPA, and COPPA, along with state laws governing the processing of personal information, such as the California Consumer Privacy Act and state Data Broker laws.  Additionally, Zenus provides guidance to clients on global data privacy matters, including the GDPR.

Photo of Scot Ganow Scot Ganow

Scot is a partner at Taft and is chair of the firm’s Privacy, Security, and Artificial Intelligence Practice.  As a former chief privacy officer leveraging more than 10 years of management and compliance experience in Fortune 500 companies prior to law school, Scot…

Scot is a partner at Taft and is chair of the firm’s Privacy, Security, and Artificial Intelligence Practice.  As a former chief privacy officer leveraging more than 10 years of management and compliance experience in Fortune 500 companies prior to law school, Scot brings a diverse business background to his practice at Taft.  Scot represents clients in a variety of sectors, including consumer reporting, construction, healthcare, broadband services, and manufacturing.