News & Analysis as of

Websites Invasion of Privacy

Robinson+Cole Data Privacy + Security Insider

Federal Court Allows Privacy Related Claims to Proceed in a Proposed Class Action Lawsuit Against Motorola

In December 2024, Jonathan Gabrielli filed several claims alleging that Motorola Mobility LLC (Motorola) misrepresented its data usage policy and shared his personal data with third parties, including Google, Amazon, and...more

Kilpatrick

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

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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

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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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

Fox Rothschild LLP

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

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If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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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

Fisher Phillips

Groundbreaking Class Certification Decision in Website Tracking Case Serves as Wake-Up Call for Businesses: Proactive Steps You...

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In what appears to be a first-of-its-kind decision, a California federal court just granted class certification in a wiretapping claim brought against a website operator that used third-party technology to track users’...more

Klein Moynihan Turco LLP

Major CIPA Victory!

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Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more

Jackson Lewis P.C.

Litigation Under Wiretap Law and What Website Owners Need to Know

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Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing...more

Robinson+Cole Health Law Diagnosis

Massachusetts Supreme Court Rules Online Tracking Technologies Do Not Violate State Wiretap Law

In a highly anticipated decision on an issue facing courts across the country, the Massachusetts Supreme Judicial Court held in late October that Massachusetts hospitals’ use of online tracking technologies that collect and...more

Clark Hill PLC

Massachusetts Supreme Court Pops Plaintiff’s Pixel Proceeding

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Companies commonly use tracking technologies – such as Meta’s “Pixel” software or “Google Analytics” – on their websites for various reasons. In numerous class actions across the country, plaintiffs have claimed that the use...more

Klein Moynihan Turco LLP

California and Massachusetts State Wiretapping Laws – The Similarities and Differences

The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were...more

Nelson Mullins Riley & Scarborough LLP

Muddy Waters: October's Judicial Opinions for Privacy and Digital Tracking

October has offered valuable insights for companies managing privacy obligations related to user tracking, with courts issuing opinions on various wiretap laws and the Video Privacy Protection Act (VPPA) in the context of...more

Seyfarth Shaw LLP

Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law

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In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...more

Arnall Golden Gregory LLP

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more

Klein Moynihan Turco LLP

CIPA Email Private Right of Action Cases on the Rise

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more

Sheppard Mullin Richter & Hampton LLP

Promising Decision in Wiretapping Case, Win for Businesses

Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Klein Moynihan Turco LLP

Favorable Pennsylvania Wiretap Decision

Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...more

Eversheds Sutherland (US) LLP

Recent CIPA decisions suggest website privacy class actions will continue

Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more

Jackson Lewis P.C.

The Spotlight Shines Even Brighter: New York Attorney General Publishes Guidance On Businesses’ Use Of Website Tracking...

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Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth. The convenience and insights these technologies offer come with a...more

Baker Botts L.L.P.

Spinning into Legal Trouble: Peloton Accused of Wiretapping in California Privacy Lawsuit

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Like many organizations, Peloton is facing a legal challenge under the California Invasion of Privacy Act (CIPA) relating to the company’s alleged use of third-party technology on its website to intercept chat communications...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Klein Moynihan Turco LLP

Swigart Law Group CIPA Demands

Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

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As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

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