Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more
5/7/2025
/ Appeals ,
California ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Litigation Strategies ,
Motion to Dismiss ,
Personal Jurisdiction ,
Privacy Laws ,
Websites ,
Wiretapping
Keypoint: A new Virginia law prohibits the collection, use, or sharing of reproductive or sexual health information without consent and provides Virginians with a private right of action for at least $500 per violation.
As...more
Welcome to the twentieth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. After our expansive...more
2/18/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
On February 10, 2025, a class action lawsuit was filed against an online retailer under the Washington My Health My Data (MHMD) Act’s private right of action. The complaint also alleges violations of federal wiretapping and...more
2/12/2025
/ Class Action ,
Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Privacy Laws ,
Privacy Torts ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices ,
Washington
Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more
6/13/2024
/ CIPA ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Discovery Disputes ,
Facebook ,
Personal Jurisdiction ,
Privacy Laws ,
Private Right of Action ,
VPPA ,
Websites ,
Wiretapping
Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA.
Welcome to the eleventh installment in our...more
3/6/2024
/ Chat Rooms ,
CIPA ,
Consent ,
Data Privacy ,
Electronic Communications ,
Invasion of Privacy ,
IP Addresses ,
Privacy Laws ,
Privacy Policy ,
Third-Party ,
VPPA ,
Wiretapping
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
10/12/2023
/ Consent ,
Data Privacy ,
Eavesdropping ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
State Privacy Laws ,
Third-Party Service Provider ,
Video Recordings ,
VPPA ,
Wiretapping
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....more
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 service for any...more
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...more