Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen registries” has emerged as well.

Welcome to the tenth 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. In this post, we examine one chat-based wiretapping claim and six session replay technology (SRT) based wiretapping claims. These decisions demonstrate how courts are still inconsistent in how they resolve wiretapping claims, even in cases where the plaintiff and SRT vendor are the same. We also look at two VPPA decisions that reflect the balance courts have struck in resolving VPPA decisions. Finally, we look at a new emerging trend based on “pen registry” technology (which is commonly associated with logging what phone numbers a monitored phone dials).

There are many courts currently handling data privacy cases across the nation. Although illustrative, this update is not intended to be exhaustive. If there is another area of data privacy litigation about which you would like to know more, please reach out. The contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following us on LinkedIn.