Website-Tracking Lawsuits: Takeaways From New Dismissals of Wiretap Claims

Privacy and data security attorney Ashley Shively was quoted in a Cybersecurity Law Report article discussing the rise in privacy class action lawsuits. More than 115 cases allege that companies violated state wiretapping statues by tracking user behavior on websites. California federal courts have recently dismissed seven such suits invoking the California Invasion of Privacy Act (CIPA). Although companies strive to comply with California's comprehensive privacy law, they continue to face lawsuits under CIPA because of vendors recording site visitors' comments. The article further examines 2023 case law developments on website wiretapping claims and offers practical options for avoiding such lawsuits. Ms. Shively pointed out that the latest decisions have endorsed defendants' interpretations of the law, but the sheer number of cases, combined with a split in case law, will continue to challenge companies.

"Two very well-respected judges in California, Judge Alsup and Judge Breyer, have come out differently on key pieces of the statute," she said. "The possibility of different judges adopting different approaches is high because there are so many cases."

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