Topic
Wiretapping
212 published works
Chicago Business Litigation Lawyer Blog
When Your Own Website Becomes the “Wiretap”: Defending Illinois Businesses Against Pixel Tracking Class Actions Under the Federal Wiretap Act
By Peter S. Lubin, James V. DiTommaso
A new wave of class action lawsuits is sweeping into the Northern District of Illinois. The defendants are not telecom companies. They are healthcare practices, retailers, fintech companies, telehealth platforms,…
Privacy + Cyber + AI
The ECPA: A Federal Private Right of Action for Privacy Policy Inaccuracies? (And What You Can Do to Cut Off Class Action Lawsuits)
By David Navetta, Tambry Bradford, Dustin Taylor
Key Points: An August 2025 federal court ruling has opened the door for plaintiffs to use alleged inaccuracies or misrepresentations in a company’s privacy policy and other privacy disclosures as…
Data Privacy + Cybersecurity Insider
Not Every Wiretap Claim Belongs in Federal Court: Federal Court Sends Pennsylvania Case Back to State Court
By Roma Patel
While California’s wiretapping statute, the California Invasion of Privacy Act (CIPA), tends to dominate the conversation about the recent rise in wiretapping litigation, plaintiffs are also turning to other states’…
Inside Class Actions
Stand Aside: Third Circuit Throws Out Harriet Carter Gifts Federal Wiretapping Case On Standing Grounds
By Marc Capuano
We have routinely highlighted the proliferation of wiretapping class actions, and the variety of approaches courts have taken to address them. One common pitfall for plaintiffs in these types of…
Inside Class Actions
Another Federal Court Dismisses Wiretapping Claims Premised on Crime-Tort Exception
By Vivian Wen, Jordan Joachim, Kathryn Cahoy
Another recent federal court decision endorsed the “heightened intent requirement” for satisfying the crime-tort exception of the federal Wiretap Act. Progin v. UMass Mem’l Health Care, Inc., 2026 WL 632770,…
Consumer Class Defense Blog
Consumer Counterpoint: Episode 13 – Federal Wiretap Act
By Kristine Argentine, Paul Yovanic Jr.
Episode 13 is now live. In this Episode, we discuss wiretap and tracking pixel claims under the Federal Wiretap Act and the different ways those claims are being plead and…
Inside Class Actions
Court Dismisses Federal Wiretap Claim Premised on Crime-Tort Exception, Rejects Aiding-and-Abetting Liability
By Kathryn Cahoy, Thea McCullough
A recent Washington federal court decision emphasizes two key federal Wiretap Act principles. First, the Act’s crime-tort exception only applies if there are plausible allegations that a party to the…
Inside Class Actions
Use of AI Call Center Without Consent Not a Federal Wiretap Violation, Court Holds
By Kathryn Cahoy, Libbie Canter, Thea McCullough
As businesses increasingly deploy AI-powered call centers to streamline customer service, plaintiffs have turned to decades-old wiretapping laws to challenge these tools. In a recent decision, however, an Illinois federal…
Online and On Point
From Convenience to Courtroom: Florida’s Expanding Website “Wiretapping” Litigation Risk
By Alexis M. Buese, Benjamin A. Christian, Eric Setterlund
Retailers. Banks. Healthcare systems. E-commerce platforms. Across industries, live chat, session replay software, and website analytics have become standard tools for customer engagement. These technologies help businesses respond to consumer…
Inside Class Actions
Pennsylvania Federal Court Dismisses Wiretapping Claims Against Health Insurer
By Daniel Esses
Last week, a judge in the Eastern District of Pennsylvania dismissed a putative class’s wiretapping claims against health insurer Cigna. Adair v. Cigna Corporate Services, LLC, 2026 WL 295744 (E.D.…