This blog has been cross-posted on the Consumer Class Defense
site.
Anyone following trends in consumer class action litigation will
know that consumer privacy was a primary focus of the
plaintiff's bar in 2023. And there are no signs this uptick in
consumer privacy claims is slowing any time soon. Although the
claims center around use of tracking technology or analytics
functions on consumer facing websites, several different statutes
and claims have been asserted, including violations of state
wiretap statutes and the Video Privacy Protection Act
("VPPA").
Although these cases are largely at the motion to dismiss stage,
and therefore there is little insight into how certain key defenses
will play out, some recent decisions surrounding VPPA claims have
shifted the landscape in certain defendant's favor.
