This is the eighth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post, we look at privacy litigation...more
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 July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology....more
Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases.
This is the fifth installment in our monthly data privacy...more
This is the fourth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy tends in the past month. In this post we look at...more
Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or...more
Keypoint: April 2023 saw developments in chat, session replay, voice recording, and VPPA litigation along with two new trends to watch in May.
This is our second installment in our monthly data privacy litigation reports to...more
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: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...more
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 identical...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
Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies.
Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more