Plaintiffs have filed a wave of consumer litigation against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session replay” software on websites to monitor consumer interactions on the internet.

A recent ruling by the 9th Circuit Court of Appeals went in favor of the plaintiffs in such a case, but will the decision open the door to another wave of litigation?

We examine the decision and its implications in this client alert.