Keypoint: In states with “two-party” consent laws, Privacy-Plaintiffs are bringing class action lawsuits against companies that use “session replay” technology on their websites.
Last month in the Northern District of Illinois a class action complaint was filed that alleges two defendants, TikTok and ByteDance, violate Federal and State wiretapping laws. The complaint alleges the conduct violates the Federal Wiretap Act and Massachusetts, Maryland, and Missouri state equivalent laws. The complaint does not allege violation of California, Florida, or Pennsylvania wiretapping laws despite similar claims being filed most often in these jurisdictions. The complaint also does not allege violation of any Illinois statute despite being filed in the Norther District of Illinois.
In this post, we explain what session replay technology is and how courts across jurisdictions have handled claims that the technology violates wiretapping statutes in two-party (also known as “all party”) consent states to date.
This article is part of our ongoing series of articles examining different types of privacy lawsuits filed across the country. Please click here to read our prior article on Video Privacy Protection Act lawsuits.