Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge was tasked with determining whether Plaintiff's wiretap claim could withstand a Motion for Summary Judgment. Below, we discuss the case and the Court's decision in detail.

Disclosures in Privacy Policy Defeat Plaintiff's Pennsylvania Wiretap Claim

In Popa v. Harriet Carter Gifts, Inc., and Navistone, Inc., Plaintiff alleged that defendants, Harriet Carter Gifts, Inc. ("Harriet Carter") and Navistone, Inc. ("Navistone"), violated the Pennsylvania Wiretapping and Electronic Surveillance Control Act ("WESCA") by unlawfully intercepting her data while she shopped online. In early 2018, Plaintiff visited Harriet Carter's website, searched for pet stairs, added items to her shopping cart, and provided her email address as part of a potential