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.Continue Reading Privacy Litigation Update: Illinois class action lawsuit joins string of wiretapping claims arising out of website operator use of session replay technology

Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies.

Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in the Northern District of California. The complaint alleges the plaintiff was harmed not by Chick-fil-A’s food products, but rather by Chick-fil-A’s operation of “Stories of Evergreen Hills,” which Chick-fil-A describes as a “series of animated short films, collectibles, and experiences created by Chick-fil-A®, Stories of Evergreen Hills™ follows a young girl named Sam as she discovers how little acts of kindness can bring people together.”

In the below post, we provide an overview of the case against Chick-fil-A and the Video Privacy Protection Act that forms the foundation of the plaintiff’s complaint.Continue Reading Privacy Litigation Update: Plaintiffs Assert VPPA Claims Against Fast-Food Restaurant