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A wave of consumers have filed putative class action complaints against a long list of consumer-facing website owners/operators and their software providers alleging invasion of privacy rights under statutes focused on wiretapping and eavesdropping.

Our team has represented both website and software defendants in these cases. However, this post is not intended to reflect on any specific claim, website, or software. Rather, our goal is to provide an introduction to the general nature of the consumer claims and current landscape of these litigations.

This post summarizes (1) the “session replay” technology at issue in these claims; (2) arguments presented by the Complaints; (3) an overview of common defenses; and (4) where things stand. With that context, we then provide our list of practical considerations for the use of session replay software.

Blog Post -https://www.adlawaccess.com/2021/05/articles/privacy-litigation-trend-the-latest-on-session-replay-lawsuits-and-practical-considerations-for-risk-mitigation/

Contacts

Paul A. Rosenthal paulrosenthal@kelleydrye.com (973) 503-5943 Bio - https://www.kelleydrye.com/Our-People/Paul-A-Rosenthal

Laura A. Mazzuchetti lmazzuchetti@kelleydrye.com (973) 503-5910 Bio - https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti

Alysa Z. Hutnik ahutnik@kelleydrye.com (202) 342-8603 Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik

Advertising and Privacy Law Resource Center - https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center

The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the legal landscape.

www.kelleydrye.com