Danielle Brooks, Leslie Shanklin,and Ryan P. Blaney of Proskauer write:
- Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies.
- Plaintiffs’ firms are continuing to file new cases based on chatbot and pixel tech despite an increasing number of dismissals while also trying new approaches focused on email marketing tech and identity graphing.
There are now over a hundred cases pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies. The plaintiffs’ bar was emboldened to take another run at these privacy “gotcha” lawsuits focusing on common website tools after two circuit court decisions from 2022 – Javier v. Assurance IQ, LLC from the Ninth Circuit and Popa v. Harriet Carter Gifts, Inc. from the Third Circuit – rejected consent and “party to the communication” defenses asserted by defendants respectively under the California Invasion of Privacy Act (“CIPA”) and the Pennsylvania Wiretapping and Electronic Surveillance Control Act.
Read more at Proskauer on Privacy.