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ARTICLE · 27 DECEMBER 2022

The Next Frontier In Privacy Class Actions: Video Players, Session Replay And Chatbots

McDermott Will & Emery
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The Plaintiffs' Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1)...

United StatesPrivacy
Kathryn Linsky
Kathryn Linsky
David P. Saunders
David P. Saunders
Jonathan Ende
Jonathan Ende

The Plaintiffs' Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1) the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710 (and similar state video privacy acts); and (2) state wiretap laws, particularly the California Invasion of Privacy Act (CIPA), Cal. Penal Code § 630 et seq. Plaintiffs' claims seek to extend dated statutory requirements to modern technologies, such as online video players, chatbots and session replay tools. Many of these actions have advanced past motions to dismiss, which means that companies employing certain types of common website technologies should take notice.

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