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Morgan Lewis

Second Circuit 'Shuts the Door' on Meta Pixel VPPA Claims

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The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: June 2025 Decisions

Husch Blackwell LLP on

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

Blank Rome LLP

Ninth Circuit Upholds Converse’s Win in CIPA Chat Case: What the Gutierrez v. Converse Decision Means for Online Businesses

Blank Rome LLP on

Introduction - The intersection of digital customer service tools and privacy law continues to generate high-stakes litigation, especially in California, where the California Invasion of Privacy Act (“CIPA”) has become a...more

Klein Moynihan Turco LLP

Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

Klein Moynihan Turco LLP on

Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again...more

Snell & Wilmer

Northern District of California Underscores Futility of Certain CIPA “Trap and Trace” Class Actions

Snell & Wilmer on

The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...more

Kilpatrick

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

Kilpatrick on

In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

Jackson Lewis P.C.

Litigation Trend Alert: Breach of Contract and Warranty Claims Based on Privacy Policies

Jackson Lewis P.C. on

A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims. Practical Takeaways- • Courts are...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

Husch Blackwell LLP on

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

White & Case LLP

Recent Proliferation of Lawsuits Under New Jersey’s Daniel’s Law

White & Case LLP on

Plaintiffs' attorneys recently have filed a series of lawsuits in New Jersey, seeking damages based on alleged violations of Daniel's Law (N.J. Stat. § 56:8-166.1). The suits allege that various website operators have...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

DarrowEverett LLP on

The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Pierce Atwood LLP

Supreme Court Agrees to Hear Appeal from First Circuit of Website Accessibility Tester Case

Pierce Atwood LLP on

On March 27, 2023, the Supreme Court granted a petition for a writ of certiorari by Acheson Hotels in Acheson Hotels, LLC v. Deborah Laufer, Case No. 21-1410. In its petition to appeal from an earlier First Circuit decision...more

Wiley Rein LLP

[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm -...

Wiley Rein LLP on

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely...more

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