2024年5月7日 |
02:00 下午 - 03:00 下午 Eastern Daylight Time |
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We will cover the latest developments under the Biometric Information Privacy Act (BIPA) and the recent wave of wiretapping class actions and arbitrations against website operators and third-party analytics companies, offering key takeaways and best practices to mitigate risk.
Originally created to address the surreptitious recording of phone calls or the use of eavesdropping devices, wiretap acts prohibit the interception of communications without consent. With the advancement of communications technologies, some legislation has been updated to address electronic methods, such as emails or texts.
The top three laws driving the most recent wave of litigation include the following:
Plaintiffs are focused on states that enforce “all-party consent” states, primarily California, Pennsylvania, Massachusetts, and Florida, with lawsuits targeting both website operators and digital marketers—sometimes third-party vendors that engage with website operators are pulled in as well. These lawsuits carry with them steep potential penalties, ranging from $1,000–$10,000 per violation.
A recent wave of class actions alleges “wiretapping” through the following technologies:
Best Practices to Mitigate Risk
Regarding privacy policies, check disclosures for the following:
Regarding chatbots or live chats, check disclosures for the following:
Check disclosures for the following regarding cookies:
Additionally, check vendor contracts to know whether there are indemnification clauses that could be invoked.
CLE credit: CLE credit in CA, IL, NY, PA, TX, VA, and WA is currently pending approval; CT, FL, and NJ (via reciprocity).