Calif. Courts 'Less Favorable' to Session Replay Defendants: Husch Blackwell
Courts in California, Florida and Pennsylvania have handled most of the session replay code privacy claims since their rise in popularity in the past few years, said a Husch Blackwell analysis Wednesday. Florida courts have been "most critical" of these…
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claims, repeatedly saying plaintiffs’ complaints failed to state a claim under the Florida state law "because the complaints alleged un-sanctioned recording of behavior and not the content of communications covered by the law," it said. "Where session replay technology is used to capture chat-based communications, however, Florida courts have allowed the claims to proceed beyond the pleading stage." California courts have been "less favorable" to session replay code defendants than Florida courts, said Husch Blackwell. The 9th U.S. Circuit Court of Appeals overturned a Northern District of California dismissal of a plaintiff’s California Invasion of Privacy Act claim after saying the plaintiff consented to the recording but did so only after using the website for some time, it said. The 9th Circuit concluded the California Supreme Court would interpret Section 631(a) of CIPA, California’s wiretapping statute, to require the prior consent of all parties to a communication. On remand, however, the case was again dismissed, this time under the statute of limitations. A new class action in San Diego is seeking to thwart Spirit Airlines from “wiretapping” the electronic communications of visitors to its website, in violation of the CIPA (see 2302080044).