Emerging legal developments impacting many websites are on the rise. Plaintiff’s attorneys are increasingly advancing theories that third party tracking or integrated interactive functionality on a website may be actionable under state wiretapping rules. Numerous recent actions have particularly focused on third party chat or chatbot functionality. We are aware of unfavorable cases developing in Pennsylvania and California, although any company with customers or consumers in those (or other) states could be targeted. If your company’s sites use such chat functionality, you should consider implementing additional defensive measures. For example, you may wish to offer a heightened consumer notice at or before the use of such interactive functionality, from which implied consent can be argued.
If you have any questions about this update, please contact Michael Young.