Topic
Wiretapping
212 published works
Byte Back
U.S. Privacy Litigation Update: May 2023
By Former Attorney Dustin Taylor
Keypoint: May 2023 saw victories for defendants as courts dismissed wiretapping claims based on website chat functionality and VPPA claims. This is the fourth installment in our monthly data privacy…
Inside Class Actions
A Closer Look: Courts Reject California Wiretap Claims Based on Website Chat Features
Late last year, our colleagues highlighted a wave of class action litigation asserting novel claims under state wiretap laws against website operators that use session replay software and chatbots on…
Privacy World
California Federal Court Dismisses Direct and Derivative Liability CIPA Claims Brought Against Website Operator Concerning Chat Feature
A growing area of privacy litigation concerns claims brought under federal and state wiretapping laws against website operators. In many of those cases, plaintiffs allege that their personal information was…
Privacy World
Ninth Circuit Court of Appeals Holds Invasion of Privacy and Wiretapping Claims Against E-Commerce Company Not Subject to Binding Arbitration
By Kristin Bryan, Squire Patton Boggs
A putative federal class action brought on behalf of delivery drivers asserting invasion of privacy and wiretapping claims against a global e-commerce company survived an interlocutory appeal last week. The…
Inside Class Actions
Court finds Plaintiffs Pled “Just Barely Enough” to Withstand Dismissal of California Wiretapping Claim against Data Broker
By Devon Schulz
A judge in the Northern District of California granted in part and denied in part Oracle America, Inc.’s motion to dismiss a putative class action alleging that the data broker…
Byte Back
U.S. Privacy Litigation Update: March 2023
By Former Attorney Dustin Taylor, David Stauss [Former Attorney]
Keypoint: In March 2023, more California courts tackled motions to dismiss claims that chat features violate wiretapping laws while Georgia and Minnesota courts weighed in on VPPA claims. This is…
Byte Back
Privacy Litigation Update: California courts strike back against claims that website chat functionality violates wiretapping statutes
By Former Attorney Dustin Taylor
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…
Byte Back
Privacy Litigation Update: California courts will soon hear motions to dismiss in litigation that alleges chat functionality violates wiretapping statutes
By Former Attorney Dustin Taylor
Keypoint: Slurry of litigation filed by privacy-plaintiffs has survived its first motion to dismiss challenge in a California court but faces tougher challenges ahead. Anyone who has called into customer…
Byte Back
Privacy Litigation Update: Illinois class action lawsuit joins string of wiretapping claims arising out of website operator use of session replay technology
By Former Attorney Dustin Taylor
Keypoint: In states with “two-party” consent laws, Privacy-Plaintiffs are bringing class action lawsuits against companies that use “session replay” technology on their websites. Last month in the Northern District of…
Consumer Class Defense Blog
Privacy Law Trends to Watch: Wiretapping Class Actions Focused on Session Replay
By Danielle Kays, James Nasiri
Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged…