Adobestock image Plaintiffs Continue to Try to Leverage Old Laws to Impose Liability for the Use of New Technology
Plaintiffs' claims seek to extend dated statutory requirements to modern technologies, such as online video players, chatbots session replay tools and voice recognition software. Many of these actions have advanced past the motion to dismiss stage, which means that more of these claims are likely to follow, write contributors Kathryn Linsky, David Saunders and Jonathan Ende.
March 06, 2023 at 11:42 AM
8 minute read
Special Sections
The plaintiffs bar is well known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are the Video Privacy Protection Act (VPPA), 18 U.S.C. Section 2710; and state wiretap laws, particularly the California Invasion of Privacy Act (CIPA), Cal. Penal Code Section 630 et seq. Plaintiffs' claims seek to extend dated statutory requirements to modern technologies, such as online video players, chatbots session replay tools and voice recognition software. Many of these actions have advanced past the motion to dismiss stage, which means that more of these claims are likely to follow.
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