The plaintiffs’ bar has been ramping up lawsuits for alleged violations of state and federal wiretapping laws (e.g., California CIPA, Florida SCA, Federal ECPA) for many months now. Historically, the
Continue Reading Your Cookie Banner Might Be Working Against You: Two Compliance Traps to AvoidCIPA
For Whom the Discovery Tolls: Your Privacy Notice May Help Time-Bar Website Wiretapping Claims
In a recent decision out of the Northern District of California, the court held that a website operator’s privacy policy, even one presented in a passive, browse wrap-style hyperlink, can…
Continue Reading For Whom the Discovery Tolls: Your Privacy Notice May Help Time-Bar Website Wiretapping ClaimsCourt Allows Sharing of Medical Information Claim to Proceed Under ECPA
A new federal court decision denied a motion to dismiss in a case alleging Federal Electronic Communications Privacy Act (ECPA) claims arising from the sharing of health information through a…
Continue Reading Court Allows Sharing of Medical Information Claim to Proceed Under ECPAWhat Hospitality HR, Operations and Leadership Need to Know About Data Privacy and AI
As hospitality businesses increasingly rely on digital tools, automation, biometrics, and AI‑enabled services, their collection and use of personal data has expanded significantly. With that expansion comes a corresponding rise…
Continue Reading What Hospitality HR, Operations and Leadership Need to Know About Data Privacy and AIWhat is Sufficient Consent?
The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the…
Continue Reading What is Sufficient Consent?Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules
If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III…
Continue Reading Privacy ‘Testers’ Don’t Have Standing to Sue, Court RulesHow to Prepare for Chatbot Class Actions
What Can We Learn From Recent Wiretapping Lawsuits?
Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance…
Continue Reading What Can We Learn From Recent Wiretapping Lawsuits?
This Is NOT Your Grandfather’s Wiretap
If you are recording or transcribing real time exchanges of communications, like in a chat or text messages, and keep transcripts of the chats without permission, you may be in…
Continue Reading This Is NOT Your Grandfather’s Wiretap