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ARTICLE · 08 JULY 2021

FAQ: What Is Session Replay Software And Why Is It Under Attack?

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner

UK 2026 Chambers Firm Profile Bryan Cave Leighton Paisner (BCLP) is an international, fully...

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Session Replay Software is a type of software typically utilized by businesses with consumer-facing websites. These businesses are typically very interested in making their website more interactive...

United StatesTechnology
Christian M. Auty
Christian M. Auty

Session Replay Software is a type of software typically utilized by businesses with consumer-facing websites.  These businesses are typically very interested in making their website more interactive and responsive to consumer tastes.  Session Replay Software helps businesses understand how consumers interact with their site by tracking the consumer's interaction with the page. For example, the software may track mouse movements, keyboard strokes, error messages, or the location of a cursor.

Recently, plaintiffs' attorneys have begun filing lawsuits alleging that Session Replay Software violates certain state wiretap acts.  These lawsuits have been filed in states like California and Florida that have an “all party” wiretap law, which is a wiretap law that requires all parties to a conversation or interaction to consent to a recording.  Most states require only one party to consent to a recording, but approximately 13 states require all parties to consent.  Plaintiffs

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