Lawsuits are rapidly multiplying against website operators over how user information is collected and shared. Plaintiffs are increasingly creative in asserting that website tracking tools, especially those tied to search bars, violate wiretap and related electronic communications laws. One emerging legal theory invokes “trap and trace” provisions, meant for surveillance devices, to challenge the capture
Trap and trace litigation
Trap and Trace Litigation: Why is this a Trend for Plaintiffs’ Attorneys?
By Kathryn Rattigan on
Posted in Data Privacy
Beware of demand letters from plaintiffs’ attorneys for allegations of illegal use of pen registers, trap and trace pixels, and search bar pixels—why? This “trap and trace” litigation is a growing trend for plaintiffs’ attorneys because they can leverage existing wiretap laws (particularly in California under the California Invasion of Privacy Act (CIPA)) to argue…
Is Your Business Trapped? The Rise of “Trap and Trace” Litigation
By Kathryn Rattigan on
Posted in Data Privacy
Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively CCPA). What about a…