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.

Keypoint: Three courts that do not normally see privacy litigation issued decisions in November and December, perhaps forecasting more cases in new districts in 2024.

Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post, we look at ten privacy litigation decisions issued in November and December 2023. Three of these decisions were issued by the Western District of Washington, the District of Nebraska, and the Eastern District of Louisiana; all of which do not see the number of privacy cases seen by the California, Florida, and Third Circuit district courts whose decisions we normally cover. This may suggest 2024 will see more decisions issued from courts other than California.

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.

Keypoint: October showed judges are not consistent in how they handle wiretapping cases although they are largely consistent in how courts handle VPPA claims.

This is the eighth 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 this post, we look at privacy litigation decisions issued in October 2023. California judges remain inconsistent in how they rule on motions to dismiss wiretapping claims, with most courts struggling on the “tape recorder” or “human eavesdropper” distinction. In contrast, both California and Delaware federal courts dismissed VPPA claims, while a Florida federal district court denied a motion to dismiss. Perhaps coincidentally, more new VPPA cases were filed in Florida in October than any other court.

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.

Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage.

This is the seventh 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 this post we look at advancements in data privacy litigation in August and September 2023. Because we are covering two months in this post instead of our normal “one post per month” practice, this post is a bit longer than normal. We have seen a lot of development in privacy litigation over the past two months, however, so without further delay let’s dive in.

One final note. 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.

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.

Keypoint: June 2023 maintained a trend of mostly favorable outcomes for defendants as courts continue to grant motions to dismiss in session replay and VPPA cases.

This is the fifth 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 decisions to dismiss session replay and VPPA claims coming out of California courts.

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.

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.

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.