In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts...more
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more
6/23/2025
/ Class Action ,
Corporate Counsel ,
Data Privacy ,
Data-Sharing ,
Electronic Protected Health Information (ePHI) ,
Facebook ,
Google ,
IP Addresses ,
Personally Identifiable Information ,
PHI ,
Privacy Policy ,
Social Media ,
State Privacy Laws ,
Third-Party ,
TikTok ,
Tracking Systems ,
URLs ,
VPPA
Keypoint: California state courts weigh in on what does, and does not, qualify as a “pen registry” or “tap and trace” device while one California federal court raises whether a wiretapping claim can also allow for a CCPA...more
10/22/2024
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Personally Identifiable Information ,
State Privacy Laws ,
Third-Party ,
Vendors ,
Video Recordings ,
VPPA ,
Wiretapping
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
9/10/2024
/ CIPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
Third-Party ,
VPPA ,
Websites ,
Wiretapping
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
8/23/2024
/ CIPA ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Electronic Communications ,
Facebook ,
Personally Identifiable Information ,
Privacy Laws ,
SaaS ,
Third-Party ,
VPPA ,
Websites ,
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: 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