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Session Replay Technology and State Wiretap Class Actions: The Emerging Class Action Trend of 2021

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Plaintiffs' firms have been filing a new category of class actions against large commercial website operators, alleging that the use of "session replay" technology, capturing consumer keystrokes and mouse clicks, violates state law wiretap statutes. Starting with the filing of dozens of such cases in California, and expanding into dozens more in Florida, the common allegations are that the technology in question creates recordings of website visitors' interactions with commercial websites and constitute unlawful wiretaps of consumer communications.

Because the use of such software by marketing teams is pervasive, website operators, regardless of their industry, should familiarize themselves with this developing trend, assess their legal risks, and adopt mitigation measures. Please join Baker Donelson attorneys Al Leiva, Matt White, and Alex Koskey for an informative and timely webinar regarding this rapidly developing litigation trend.

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