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Fisher Phillips

Federal Appeals Court Hands Out Win in Website Chat Wiretap Case: What It Means for Your Business

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If your company uses a third-party tool to power your website chat function or AI-assisted customer service, the 9th Circuit Court of Appeals just delivered a ruling you should know about. On July 9, the court affirmed...more

Klein Moynihan Turco LLP

Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims

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

Polsinelli

California AG Reaches Record $1.55M CCPA Settlement with Healthline

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The California Attorney General (AG) has announced a landmark $1.55 million settlement with Healthline Media LLC (Healthline), which operates a health information website. The settlement marks the largest fine to date in an...more

Robinson+Cole Data Privacy + Security Insider

Federal Court Sinks CIPA Wiretap Lawsuit Against Royal Caribbean Over TikTok Tracking Tool

In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more

Mayer Brown

The Ninth Circuit Briefly Speaks on CIPA Section 631

Mayer Brown on

The Ninth Circuit recently issued two back-to-back memoranda of dispositions addressing claims under the California Invasion of Privacy Act (“CIPA”) Section 631 and the common law tort of intrusion upon seclusion. First, on...more

Robinson+Cole Data Privacy + Security Insider

Is Your Website a Legal Target? Why Chatbots, Cookies + AdTech Are Drawing Lawsuits Under an Old California Law

It’s 2025, and somehow, we’re still dealing with lawsuits over a law that was born in the pen registers and rotary phones era. That law, the California Invasion of Privacy Act (CIPA), a decades-old statute that’s suddenly...more

Klein Moynihan Turco LLP

CIPA Arbitration Demands

Readers may recall prior pieces in which we discussed a pair of law firms responsible for bringing California Invasion of Privacy Act (“CIPA”) arbitration demands against online businesses. These CIPA arbitration demands...more

Orrick, Herrington & Sutcliffe LLP

UPDATE: Todd Snyder CPPA Enforcement Action: What Companies Need to Know

On May 1, 2025, the California Privacy Protection Agency (CPPA) issued a final order against clothing retailer, Todd Snyder, for violations of the California Consumer Privacy Act (CCPA). The enforcement action targeted the...more

Kilpatrick

Kilpatrick's Privacy Dispatch - May 2025

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Here are some recent privacy and cybersecurity related news stories that caught our attention over the past couple of weeks. California Privacy Protection Agency (CPPA) Issues New Proposed Regulations - The CPPA has...more

Procopio, Cory, Hargreaves & Savitch LLP

Ninth Circuit Expands Specific Jurisdiction in E-Commerce: What Briskin v. Shopify Means for Online Businesses

The Ninth Circuit sitting en banc has greatly expanded the reach of personal jurisdiction by holding that e-commerce companies can be sued in any state where their platforms interact with users, even without differential...more

Katten Muchin Rosenman LLP

Second Circuit Sets Precedent Limiting VPPA in Facebook Pixel Cases

Over the past several years, class action litigants have flooded federal dockets with Video Privacy Protection Act (VPPA) cases against companies that embed Facebook’s Pixel tool on their websites. The plaintiffs have...more

Klein Moynihan Turco LLP

Paramount Decision: Sixth Circuit Upholds Dismissal of VPPA Claims

On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Rulings Could Signal Expansion of California Consumer Privacy Right of Action

In two recent rulings, judges in the U.S. Northern District of California have allowed proposed class actions under the California Consumer Privacy Act (CCPA) to proceed without an allegation of a data breach, departing from...more

Benesch

VPPA In Flux: Circuits Split on Who Counts as a VPPA “Consumer”

Benesch on

The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2025

Husch Blackwell LLP on

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

WilmerHale

2024 Year in Review: Video Privacy Protection Act Litigation Trends

WilmerHale on

The Video Privacy Protection Act (“VPPA”), a federal statute enacted in 1988, is gaining new relevance in recent years as plaintiffs bring lawsuits with the goal of enforcing online privacy rights. 2024 saw a continuation of...more

Polsinelli

Technology Transactions & Data Privacy - 2025 Report

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It is hard to believe that we are starting the 25th year of the 21st century. The rapid evolution that technology, privacy and data security have undergone these last 25 years is mindbending. Yet, as we enter 2025, it still...more

Goodwin

FTC Issues Long Awaited New COPPA Rules: How They Will Impact Your Business

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On January 16, 2025, the Federal Trade Commission finalized changes to the Children's Online Privacy Protection Act (COPPA) Rule. ...more

Miller Canfield

More Than Child's Play: $520 Million FTC Settlement Signals Risks for Digital Platforms

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For years, one of the world’s most popular online video games, Fortnite, profited from in-game purchases (or “microtransactions”) that, according to the Federal Trade Commission (“FTC”), were unlawful and deceptive. Although...more

Jenner & Block

Ninth Circuit Considers Personal Jurisdiction Over Online Businesses

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In the age of e-commerce, many consumer class actions involve goods and services purchased online. Those online purchases have created legal challenges for determining when an online sale may subject a party to personal...more

Fisher Phillips

Top 5 Surprising Takeaways as Fisher Phillips Launches Digital Wiretapping Litigation Tracker

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Some businesses might be surprised to learn that digital wiretapping litigation claims are one of today’s fastest-growing compliance risks, with over 1,560 lawsuits filed in 28 states since a groundbreaking 2022 decision...more

Klein Moynihan Turco LLP

Federal Wiretapping Claims – The Next Frontier?

Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more

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