Website-Tracking Lawsuits: A Guide to New Video Privacy Decisions Starring PBS and

Privacy laws from the 1980s or earlier are fueling a boom in new class actions. For the past year, lawsuits have targeted popular websites’ tracking of visitors’ video watching, chat use, cart deposits and other routine mouse clicks. Over 100 companies around the country have faced lawsuits alleging Video Privacy Protection Act violations, while another 100 assert violations of state wiretapping laws. Now, a first wave of court decisions has arrived. This two-part series analyzes the splits among the new rulings. In part one, video plaintiffs gain hope; in part two, the wiretap defendants cautiously cheer but fret about continuing risks. The series also offers practical takeaways for navigating the growing risks, including an exclusive technical update about how Facebook pulls video titles by default. See “BIPA Decisions Expand Potential Liability: What’s Next in Illinois and Other States?” (Mar. 8, 2023).

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