Last week, a judge in the Eastern District of Pennsylvania dismissed a putative class’s wiretapping claims against health insurer Cigna. Adair v. Cigna Corporate Services, LLC, 2026 WL 295744 (E.D. Pa. Feb. 4, 2026). Five plaintiffs alleged that Cigna traded insureds’ privacy for commercial gain by embedding third-party tracking tools throughout its website and member
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California Court Dismisses Wiretapping Claims Regarding Retailer’s Website Chat Feature on Summary Judgment
In a recent decision from the Superior Court of California for Los Angeles County, Judge Carolyn B. Kuhl granted summary judgment and dismissed a putative class action alleging that an online retailer, I Am Beyond d/b/a Beyond Yoga, had aided and abetted violations of the California Invasion of Privacy Act (“CIPA”). The Court concluded that
Website Wiretapping Roundup: 2025 Decisions and Developments
In 2025, courts continued to issue significant decisions concerning the application of wiretap and privacy laws to pixels, session replay, and other website technologies. Over the past year, we have featured posts discussing claims regarding website analytics and advertising tools brought under the federal Wiretap Act, the California Invasion of Privacy Act (“CIPA”), the Video Privacy Protection Act
Arbitrator Rejects Website Wiretapping Claims After Hearing
In a recently published award, an arbitrator rejected claims that Dick’s Sporting Goods, Inc. (“Dick’s”) violated the Federal Wiretap Act and the California Invasion of Privacy Act (“CIPA”) by purportedly installing website analytics and marketing technologies on its website after an evidentiary hearing. Asad v. Dick’s Sporting Goods, Inc., JAMS Ref. No. 5220005532 (Dec. 8,
Sixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe Classes
In many privacy and other technology-related class actions, the question of whether consumers consent to the practice at issue is central. In these cases, class action defendants have defeated motions for class certification by successfully arguing that consent is an individualized issue that is not susceptible to common proof. And though class action plaintiffs may
Eighth Circuit Affirms Dismissal of VPPA Claim
The Eighth Circuit recently affirmed dismissal of a putative class action asserting that defendant Cinema Entertainment Corporation, a regional movie theater chain, violated the Video Privacy Protection Act (“VPPA”) by disclosing website visitors’ information through a third-party pixel. See Christopherson v. Cinema Ent. Corp., No. 24-3042, 2025 WL 3512393 (8th Cir. Dec. 8, 2025).
Third Circuit Holds Providing Clear Notice of Intent to Compel Arbitration Preserves Right to Compel Arbitration Once Right Becomes Enforceable
A defendant can waive a right to compel arbitration if it intentionally relinquishes or abandons its known right. One way to waive a right to compel arbitration is by implied waiver: acting inconsistently with an intent to assert the right to arbitrate. But what should a defendant do to preserve future arbitration rights it cannot
New York Passes the FAIR Business Practices Act
On December 19, 2025, Governor Kathy Hochul signed the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act (“the Act”) into law. We previously wrote a blog post about the Act, which was introduced to update and expand New York’s current consumer protection law, Sections 349 and 350 of the New York General
New Federal Rule of Civil Procedure Provides Guidance for Early MDL Case Management
The first Federal Rule focused specifically on multidistrict litigation—which has long been a staple of complex, high-stakes litigation—took effect on December 1, 2025, as part of the 2025 amendments to the Federal Rules of Civil Procedure.
Eighth Circuit Ices False Labeling Class Action on Predominance Grounds
An oft-litigated issue in false-advertising class actions is whether a plaintiff can show that each class member relied on the challenged statement when they made their purchasing decision. The Eighth Circuit recently offered an example of how this issue can pose a significant roadblock to class certification in In re Folgers Coffee Marketing, — F.4th