Wiretap Lawsuits Based on Session Replay Software Are on the Rise. Here’s What You Should Know.

By Krishna A. Jani, CIPP/US, Flaster Greenberg PC   The Technology   Businesses with consumer-facing websites face a bit of a legal “Wild West” with regard to the collection of data at the moment. Most businesses collect some degree of consumer or site visitor data using cookies, web beacons, and/or session replay software. That data
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2023 Starts Off With a Mobile Application Sweep

With the January 1 CPRA enforcement date came new compliance rules from California privacy regulators. California Attorney General Rob Bonta recently announced an investigation focusing on popular retail, travel and food service mobile apps that have violated the California Consumer Privacy Act. The Data Privacy Day investigative sweep comes with added urgency, as the affirmative
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Pitfalls of Keystroke Recording in Light of Pennsylvania’s Wiretap Statute

By Lauren E. Kirchner, Firstrust Bank   Businesses across Pennsylvania, and indeed, outside of Pennsylvania, are behooved to stay apprised of recent litigation filed against two companies under the Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (“WESCA”) (18 Pa. C.S.A. §§ 5701 et seq.). In Popa v. Harriet Carter Gifts, Inc. et al.
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First CCPA Enforcement Action Sheds Light on Definition of “Sale of Data”

California Attorney General Rob Bonta announced the state’s first California Consumer Protection Act (CCPA) enforcement action this week. The Office of the Attorney General (OAG) released their proposed final judgment and permanent injunction against Sephora, stating that Sephora not only violated the CCPA’s “Do Not Sell” provisions and ignored Global Privacy Control (GPC) signals, but
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FTC Publishes ANPR for Public Comment on Commercial Surveillance and Harmful Data Security Practices

On August 22nd, the Federal Trade Commission (FTC) filed an Advanced Notice of Proposed Rulemaking (ANPR) to the Federal Register, starting the 60-day public comment period. The ANPR was published to “request public comment on the prevalence of commercial surveillance and data security practices that harm consumers.” Spanning 95 questions, the enumerated list of topics
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