2023 Privacy Litigation Trends

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes.

Join Kelley Drye Privacy Litigation partners Lauri Mazzuchetti and Whitney Smith, and Privacy & Information Security chair Alysa Hutnik for a webinar as they examine privacy litigation trends and steps you can take to mitigate the risk of being a target.

Topics include:

• Website Tracking: Class actions claiming that businesses across a variety of industries were eavesdropping on users through ​“session replay” software and chat bots on their websites, violating state wiretap laws, were on the rise in 2022 and will continue in 2023. Learn about how these customer service tools are being used by the plaintiffs’ bar as support for privacy-related claims.
• Meta Pixel and VPPA: Meta Pixel, a code snippet and user tracking tool embedded in many websites, has also prompted a wave of litigation against the companies that use the code. Major brands with websites have been hit with putative class actions in recent months for allegedly violating the Video Privacy Protection Act by disclosing private information related to users’ video-viewing habits to Meta through the Pixel tool. Presenters will discuss how a company’s use of videos may be exploited to serve as the basis of a claim intended to apply to ​“video tape service providers.”
• TCPA: The Telephone Consumer Protection Act remains a significant litigation threat and presenters will share the details of new theories advanced by plaintiffs seeking to extract the statute’s rich statutory damages based upon marketing text messages and phone calls. Also learn about new state ​“mini-TCPA” statutes that are becoming an increasingly popular vehicle for class actions.
• Biometric Privacy Laws: The first BIPA class action trial resulted in a $228 million verdict for plaintiffs. Learn about the different ways this dangerous statute is being applied – including virtual try-on technology as well as many others.

To view presentation, click here.