Favorable Pennsylvania Wiretap Decision

Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers' interactions on their websites. The majority of these lawsuits are concentrated in jurisdictions that have enacted broad wiretapping statutes. One such jurisdiction is Pennsylvania, with a statute known as the Pennsylvania Wiretapping and Electronic Surveillance Control Act ("WESCA"). Recently, the United States Court of Appeals for the Third Circuit ("Third Circuit") was tasked with determining whether Defendants' use of session replay code to record consumer communications constitutes wiretapping under WESCA.

Lack of Personal Jurisdiction Over Pennsylvania Wiretapping Claims