If 2025 was the year website-tracking claims became impossible to ignore, 2026 is the year those cases began to mature. Courts are looking beyond whether a pixel, cookie, chat tool, or session-replay script was present on a site. Instead, they are focusing more closely on what data was collected, when it was collected, what disclosures
The Hidden Legal Minefield: Compliance Concerns with AI Smart Glasses, Part 1 – Biometrics
Smart glasses with AI capabilities have evolved from futuristic concept to everyday reality. The market exploded in 2024, with global smart glasses shipments surging 210% year-over-year, driven primarily by Meta’s Ray-Ban smart glasses. From the consumer-focused Meta Ray-Ban Display (featuring a built-in heads-up display announced in September 2025) to Meta’s partnership with Oakley for
AI Notetaking Tools Under Fire: Lessons from the Otter.ai Class Action Complaint
The rapid adoption of AI notetaking and transcription tools has transformed how organizations (and individuals) capture, analyze, and share meeting and other content. But as these technologies expand, so too do the legal and compliance risks. A recent putative class action lawsuit filed in federal court in California against Otter.ai, a leading provider of AI
District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action
Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA), a statute designed to regulate the interception of electronic communications. The
Litigation Under Wiretap Law and What Website Owners Need to Know
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing activities to third parties without their consent constitutes a violation of the Massachusetts Wiretap Act.
However, the claim is not unique to Massachusetts.
New Illinois Laws Address Use of Generative AI and Digital Likeness, Publicity Rights
- A little less than a year ago, Gov. JB Pritzker signed H.B. 2123 into law. That law, becoming effective January 1, 2024, expanded the state’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act to permit persons about whom “digitally altered
Colorado Expands Protections for Biometric Information under the Colorado Privacy Act
When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal data of individuals acting in a commercial or employment context. Last week, Colorado amended the CPA to broaden the protections
California Invasion of Privacy Act Violations Aimed at Online Retailers
California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance customer experiences, they inadvertently tread into murky legal waters. These technologies, while valuable for optimizing websites and addressing customer inquiries, have faced a barrage of lawsuits and threats.
CPPA Board Publishes Proposed Modifications to CPRA Regulations in Advance of October Meeting
On October 21 and 22, the California Privacy Protection Agency (CPPA) Board will meet to discuss possible action regarding the proposed regulations for the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
Previously, in June 2022, the Board met to discuss revising the regulations previously released by the California Attorney General.
Maryland Joins New York with a BIPA-like Biometric Privacy Bill
On January 13, House Delegate Sara Love Introduced the “Biometric Identifiers and Biometric Information Privacy Act” (the “Act”) substantially modeled after the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (the “BIPA”). Enacted in 2008, the Illinois BIPA only recently triggered an avalanche of class actions in Illinois, spurring other