With the growing wave of letters alleging violations of the California Invasion of Privacy Act (CIPA), Texas Attorney General Ken Paxton has issued a letter urging businesses and nonprofit organizations
Continue Reading Texas Attorney General Issues Warning on CIPA Website Tracking Demand LettersCookie Wiretapping Lawsuits: Delaware Court Highlights Class Certification and Ascertainability Hurdles
The large wave of cookie wiretapping lawsuits does not seem to be subsiding, but a plaintiff-favorable outcome is far from assured.
A new decision by the US District Court in
Continue Reading Cookie Wiretapping Lawsuits: Delaware Court Highlights Class Certification and Ascertainability HurdlesCIPA Personal Jurisdiction: Nationwide Call Recording and Analytics Deployment Fails “Express Aiming” Test in Central District of California
A nationwide call recording and analytics service, uniformly deployed nationwide, that merely operates in California is not sufficient, standing alone, to establish specific personal jurisdiction under the California Invasion of
Continue Reading CIPA Personal Jurisdiction: Nationwide Call Recording and Analytics Deployment Fails “Express Aiming” Test in Central District of CaliforniaYour Website’s Pixels May Be Wiretaps: 10 Questions Every Business Should Ask About CIPA
The plaintiffs’ bar has been ramping up lawsuits under the California Invasion of Privacy Act (CIPA) and federal and state wiretapping statutes for years, and the wave is not receding.
Continue Reading Your Website’s Pixels May Be Wiretaps: 10 Questions Every Business Should Ask About CIPAYour Cookie Banner Might Be Working Against You: Two Compliance Traps to Avoid
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 AvoidFor 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 Rules