Topic
Wiretapping
212 published works
Inside Class Actions
Home Pregnancy Test Company Wins Dismissal of Pixel Wiretapping Suit
Health-related websites are increasingly targeted with wiretapping suits if they use pixels or other third-party technologies to power their websites. A few months ago, a California court dismissed on multiple…
Workplace Privacy, Data Management & Security Report
District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action
Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation…
Inside Class Actions
Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim
By Matthew Verdin, Kathryn Cahoy
Does a plaintiff’s use of a website constitute consent to a privacy policy linked in the website’s footer? A Pennsylvania federal court answered yes in Popa v. Harriet Carter Gifts,…
Data Privacy + Cybersecurity Insider
Judge Rules “Tester” Plaintiffs Cannot Bring Wiretap Claims under California Invasion of Privacy Act
In a big win for businesses, a California federal court just held that a “tester” plaintiff—someone who visits websites to initiate litigation—cannot bring a claim under the California Invasion of…
Byte Back
U.S. Privacy Litigation Update: March 2025
By Former Attorney Dustin Taylor, Owen Davis
Keypoint: In this post: (1) California considers a “commercial exception” to wiretapping and pen registry laws; (2) a rise in federal wiretapping claims against websites; (3) more courts impose “knowledge or…
Global Policy Watch
Recording of Customer Service Call “Not Private or Personal Enough” to Confer Article III Standing
Many businesses use customer support software that may include call recording features to help ensure a better customer service experience. A California federal court dismissed a wiretapping lawsuit filed against…
Inside Class Actions
Recording of Customer Service Call “Not Private or Personal Enough” to Confer Article III Standing
Many businesses use customer support software that may include call recording features to help ensure a better customer service experience. A California federal court dismissed a wiretapping lawsuit filed against…
Inside Class Actions
Ninth Circuit Affirms Dismissal of CIPA and Wiretap Act Claims Against Celebrity Platform
By Matthew Verdin, Kathryn Cahoy
A fan of celebrity LL Cool J filed a wiretapping suit against Community.com (“Community”), claiming that Community accessed her text message to LL Cool J in violation of the federal…
Inside Class Actions
Website Wiretapping Litigation: Recent Decisions and Developments
By Matthew Verdin, Vivian Wen, Kathryn Cahoy, Libbie Canter
Website analytics and advertising tools, such as pixels, are regularly targeted in lawsuits brought under various wiretap laws, including the federal Wiretap Act and the California Invasion of Privacy Act…
Inside Class Actions
New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap Complaint
By Rachel Bercovitz, Matthew Verdin
Last month, a New Jersey federal judge applied Third Circuit precedent to hold that the California Invasion of Privacy Act (“CIPA”) does not impose liability for commonplace use of website…