As the internet economy has expanded over the years, website operators and the vendors that serve them have developed a variety of tools to support operation, customer service and compliance. At the same time, plaintiff attorneys have filed waves of litigation attacking many of those advancements.

Several consumer class action cases have been recently filed, alleging that website operators violated state wiretapping statutes and invaded consumers’ privacy through the use of web chats, software that tracks or validates user interaction and so-called “session replay” software.

Our team regularly represents software providers and website owner/operators in these claims, developing innovative and cost-effective strategies to minimize damage to their bottom lines. Businesses also trust the firm to counsel them on the best way avoid litigation by ensuring the use of such technology is properly disclosed and explained.

Representative Matters

• Representing a website against claims that it violated the Video Privacy Protection Act (VPPA) through the sharing of consumer information with third parties via the Meta Pixel.
• Defended major cosmetics company against alleged violations of Florida state wiretapping laws involving two consumer-facing websites. Both cases were dismissed at early stages.
• Defended validation software provider against multiple consumer actions under California state wiretapping law.
• Defended multiple apparel and shopping websites against allegations that customer service and validation software violated state law.
• Defended multiple consumer-facing website owners and operators against claims that consumer interaction software that permitted “chats” with customer service violated California wiretapping laws.