Keypoint: In July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology.

This is the sixth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends in the past month. In this post we look at dismissed chat wiretapping and session replay cases and VPPA cases overcoming the motion to dismiss stage.

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.Continue Reading U.S. Privacy Litigation Update: July 2023

Keypoint: May 2023 saw victories for defendants as courts dismissed wiretapping claims based on website chat functionality and VPPA claims.

This is the fourth installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy tends in the past month. In this post we look at California courts who have dismissed wiretapping claims based on website chat functionality and VPPA claims.

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.Continue Reading U.S. Privacy Litigation Update: May 2023

Keypoint: April 2023 saw developments in chat, session replay, voice recording, and VPPA litigation along with two new trends to watch in May.

This is our second installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends in the past month. In this post we look at developments in lawsuits relating to chat wiretap claims, session replay claims, VPPA claims, and voice recording lawsuits. (If any of these case theories are new to you, be sure to check out the “Overview” section at the bottom of the post.) We also analyze two new theories that have already spawned a series of demand letters and lawsuits.

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.Continue Reading U.S. Privacy Litigation Update: April 2023

Keypoint: In March 2023, more California courts tackled motions to dismiss claims that chat features violate wiretapping laws while Georgia and Minnesota courts weighed in on VPPA claims.

This is the first of our monthly data privacy litigation reports to provide updates on how courts have handled emerging data privacy tends in the past month. In this post we look at developments in lawsuits relating to chat wiretap claims, session replay claims, VPPA claims, and BIPA claims. (If any of these case theories are new to you, be sure to check out the “Overview” section below.) 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.Continue Reading U.S. Privacy Litigation Update: March 2023

Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where that webpage also hosts video.

In June 2022, a plaintiff filed a complaint in the Southern District of New York that alleged the defendants violated the Video Privacy Protection Act (“VPPA”) by using the Meta Pixel. More than eight months later, the court dismissed the complaint after finding the plaintiff failed to state a claim for relief under the VPPA. Taking all the plaintiff’s allegations as true, the court nevertheless found a website that used the Meta Pixel to send information to Meta when a website visitor visited a webpage that contained both video and non-video content did not violate the VPPA.Continue Reading Privacy Litigation Update: SDNY Dismisses Video Privacy Protection Act Claim

Keypoint: In the wake of a recent California decision that allowed claims alleging use of chat functionality on website violated California wiretapping laws, three California district courts have dismissed nearly identical claims causing a split in Central District of California courts.

Following a February decision that allowed a complaint that alleged a website operator’s use of a customer support chat feature violated California wiretapping laws to proceed past the pleading stage, three California district courts have since dismissed nearly identical claims. The result leaves companies who may find themselves named as defendants in these lawsuits uncertain whether they will be able to escape litigation at the less costly motion to dismiss stage. In the below post, we analyze these decisions and their impact on future litigation over these claims.Continue Reading Privacy Litigation Update: California courts strike back against claims that website chat functionality violates wiretapping statutes