In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
Wiretapping
Missouri Federal Court Declines to Transfer Case to Join Session Replay Class Actions in Washington and Dismisses Case for Plaintiff’s Failure to Allege Standing
As courts throughout the country wrestle with Article III standing in Session Replay Code cases alleging violations of wiretapping laws, consumer protection statutes and privacy torts, another federal court from the Eastern District of Missouri has joined those recently holding that a plaintiff must allege the sharing of some type of personal or sensitive information on the website in question in order to adequately alleged a concrete harm supporting Article III standing. Where the plaintiff failed to do so, the Court found Plaintiff failed adequately allege a concrete harm and dismissed her putative class action complaint for lack of standing in Adams v. PSP Group, LLC, No. 4:22-CV-1210 RLW, 2023 WL 5951784, — F. Supp.3d —- (E.D. Mo. September 13, 2023).Continue Reading Missouri Federal Court Declines to Transfer Case to Join Session Replay Class Actions in Washington and Dismisses Case for Plaintiff’s Failure to Allege Standing
California Federal Court Dismisses Direct and Derivative Liability CIPA Claims Brought Against Website Operator Concerning Chat Feature
A growing area of privacy litigation concerns claims brought under federal and state wiretapping laws against website operators. In many of those cases, plaintiffs allege that their personal information was improperly intercepted and disclosed to third parties, including in relation to information purportedly provided through a website’s chat feature. Last month, a federal court in…
Ninth Circuit Court of Appeals Holds Invasion of Privacy and Wiretapping Claims Against E-Commerce Company Not Subject to Binding Arbitration
A putative federal class action brought on behalf of delivery drivers asserting invasion of privacy and wiretapping claims against a global e-commerce company survived an interlocutory appeal last week. The Ninth Circuit Court of Appeals upheld a decision from the U.S. District Court for the Southern District of California that allows plaintiff’s claims to proceed.…