Does The Use Of Chatbots Constitute Wiretapping?

Recent California class action lawsuits are targeting websites that employ chatbots to offer their consumers real-time, online assistance. In the aftermath of the Ninth Circuit decision in Javier v. Assurance IQ, LLC, a recent hotbed issue in digital marketing law is whether or not businesses acquire requisite consent before gathering data from a consumer's website activity. Anyone that has shopped at an online retailer is familiar with chatbots offering assistance on website home pages. These chatbots usually send a generic greeting in a small text box in the lower right-hand corner of the visitors' computer screens. Consumers are able to engage in dialogue with the chatbot, whereby they can receive general assistance that appears in the form of pre-populated responses that draw from FAQs. Recent lawsuits now allege that plaintiffs are unaware that their conversations with these bots are: 1) not with actual human beings; and 2) being recorded. Because online retailers