- Plaintiffs are persistently crafting creative legal theories to target tracking technologies.
- One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of CIPA § 638.51.
- The TikTok Analytics software is at issue in many of these new claims, and
privacy class actions
Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches
By Danielle Brooks, Leslie Shanklin & Ryan P. Blaney on
- Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies.
- Plaintiffs’ firms are continuing to file new cases based on chatbot and pixel tech despite an increasing number of dismissals while also trying new approaches focused on email marketing tech and identity graphing.