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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more
Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more
Despite your recent efforts to comply with privacy law requirements for website cookies, pixels, and analytics, your business may be at risk of getting sued for violations of “pen register” or “trap and trace” laws based on...more
Knowing how consumers behave while on a website can provide businesses with valuable information. Frequently businesses employ “session replay” tools to analyze what users do on their website. “Session replay” is software...more
Last week, the plaintiffs in three related children’s privacy class actions sought preliminary approval of proposed settlements with sixteen defendants in those coordinated actions. The matters—known as the Kiloo Action, the...more
Klepto Cats and Dogs have been “stealing” children’s personal information without parental consent and using it for targeted advertising. Bad dog! Well, almost. HyperBeard, Inc., a developer of apps popular with children...more
In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more
The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more
Answering the centuries’ old question, it appears it is the Federal Trade Commission (“FTC”) that watches the watchmen. The FTC sent warning letters to a pair of foreign app developers cautioning them that their practices of...more