Another recent federal court decision endorsed the “heightened intent requirement” for satisfying the crime-tort exception of the federal Wiretap Act. Progin v. UMass Mem’l Health Care, Inc., 2026 WL 632770, at *4–5 (D. Mass. Mar. 6, 2026).
In Progin, the plaintiffs claimed that the defendants, healthcare and hospital
Continue Reading Another Federal Court Dismisses Wiretapping Claims Premised on Crime-Tort Exception
In a recent decision from the Superior Court of California for Los Angeles County, Judge Carolyn B. Kuhl granted summary judgment and dismissed a putative class action alleging that an online retailer, I Am Beyond d/b/a Beyond Yoga, had aided and abetted violations of the California Invasion of Privacy Act
Continue Reading California Court Dismisses Wiretapping Claims Regarding Retailer’s Website Chat Feature on Summary JudgmentIn 2025, courts continued to issue significant decisions concerning the application of wiretap and privacy laws to pixels, session replay, and other website technologies. Over the past year, we have featured posts discussing claims regarding website analytics and advertising tools brought under the federal Wiretap Act, the California Invasion of Privacy Act (“CIPA”), the Video Privacy Protection Act (“VPPA”), and other laws. A selection of posts highlighting important developments in this area is below.
Continue Reading Website Wiretapping Roundup: 2025 Decisions and DevelopmentsIn a recently published award, an arbitrator rejected claims that Dick’s Sporting Goods, Inc. (“Dick’s”) violated the Federal Wiretap Act and the California Invasion of Privacy Act (“CIPA”) by purportedly installing website analytics and marketing technologies on its website after an evidentiary hearing. Asad v. Dick’s Sporting Goods, Inc., JAMS Ref. No. 5220005532 (Dec. 8, 2025).
Continue Reading Arbitrator Rejects Website Wiretapping Claims After HearingOn December 19, 2025, Governor Kathy Hochul signed the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act (“the Act”) into law. We previously wrote a blog post about the Act, which was introduced to update and expand New York’s current consumer protection law, Sections 349 and 350 of the New York General Business Law (“GBL”), to encompass a broader range of practices and claims. The proposed legislation was previously announced by New York Attorney General Letitia James on March 13, 2025, and was passed through the New York State Senate and State Assembly on June 18, 2025.
Between its announcement in March and its passage into law, the Act underwent significant changes. Among other notable changes:
Continue Reading New York Passes the FAIR Business Practices ActOn October 27, 2025, the Ninth Circuit affirmed in a memorandum opinion the dismissal of a proposed class action asserting that the owner of a cybersecurity browser extension violated the California Invasion of Privacy Act (“CIPA”) and the Electronic Communications Privacy Act (“ECPA”) by intercepting communications between extension-users and search engines. Karwowski v. Gen Digital, Inc., No. 24-7213, 2025 WL 3002610 (9th Cir. Oct. 27, 2025) (mem.). The Court held that the Plaintiffs failed to allege that the Defendant was not a party to the communications.
Continue Reading Ninth Circuit Affirms Dismissal of Wiretap Claims Based on Party ExceptionThe SEC has long had a policy that effectively prohibited public companies from requiring arbitration of shareholder claims under the Securities Act[1] and Securities Exchange Act.[2] Last month, the SEC announced a change to that policy. In its September 17, 2025 Policy Statement, the SEC stated that, effective September 19, 2025, “the presence of an issuer-investor mandatory arbitration provision will not impact decisions [on] whether to accelerate the effectiveness of a registration statement under the Securities Act.”
The SEC’s Policy Statement eliminates one of the most significant impediments to public companies requiring arbitration for securities claims. But it leaves unresolved several important issues concerning the viability and impact of issuer-investor arbitration clauses.
Continue Reading SEC Changes Policy on Issuer-Investor Arbitration Provisions With Important Implications for Securities Class Actions
In a recent decision by the United States District Court for the Northern District of Illinois, Judge Georgia N. Alexakis narrowed and struck class claims alleging that the University of Chicago Medical Center’s use of pixel technology violated the Electronic Communications Privacy Act (ECPA).
The plaintiff, Sophia Hartley, asserted on
Continue Reading Illinois Court Narrows Lawsuit Over Medical Center’s Use of Pixel Technology and Strikes Class ClaimsRecently, a California federal judge dismissed a suit alleging that Sojern, Inc., a travel marketing platform, violated the Federal Wiretap Act and California law by allegedly installing “tracking technology” on two hotel websites. Crano v. Sojern, Inc., 2025 WL 2689267 (N.D. Cal. Sept. 19, 2025).
Continue Reading California Court Dismisses Hotel Website Wiretapping Suit Based on “In Transit” RequirementHeath and health-adjacent websites, from home pregnancy test companies to eyewear companies, continue to be a target for wiretapping lawsuits if they use pixels or other common-place third-party technologies. A Texas federal court recently dismissed one such suit challenging the use of website pixels by Eyemart Express, LLC, a company
Continue Reading Eyewear Company Wins Dismissal of Pixel Wiretapping Suit