In the past year, over 115 class actions have invoked state wiretapping laws, targeting popular websites’ tracking of their visitors’ chats and site browsing. In February and March, a fresh wave of court decisions has benefitted defendants, but many cases remain. This second installment in a two-part article series about privacy class actions examines the 2023 case law developments on website wiretapping claims and practical options for avoiding such lawsuits. Part one analyzed the split in recent court rulings on Video Privacy Protection Act lawsuits, and included advice for avoiding and navigating those claims, as well as an exclusive report on the Meta pixel’s default capture of video titles. See “Facebook Wiretap Ruling Inspires Slew of Lawsuits Over Consumer Tracking
” (Dec. 2, 2020).