Photo of Laura A. Mazzuchetti

Laura A. Mazzuchetti

Subscribe to Laura A. Mazzuchetti's Posts

Email
(973) 503-5910
Bio

Contact: Read more about Laura A. Mazzuchetti

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health information, and as evidenced by the FTC’s tentative agenda for its next open meeting later this month on potential rulemaking regarding amending the Health Data Breach Notification Rule (a point which is curious given its prior policy statement already attempting to expand its scope, which we discussed here).

Aside from regulators, however, Plaintiffs’ lawyers also are paying attention to the FTC’s activity of law, and, on a parallel track, has initiated a wave of consumer class actions regarding the use of tracking pixels and consumers’ “health information” have followed. We anticipate this wave will only increase in response to Washington’s My Health, My Data Act once in effect.…

Continue Reading The FTC is Not the Only One Tracking Your Use of Health Information

Digital advertising, analytics, and health/wellness-related personal information are very much in the news, with increased scrutiny and enforcement by the Federal Trade Commission (FTC), the Department of Health and Human Services (HHS), requirements under the new state privacy laws, and a wave of lawsuits and demand letters by litigants using wiretap laws tied to third-party…

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes.

Join Kelley Drye Privacy Litigation partners Lauri Mazzuchetti and Whitney Smith, and Privacy & Information Security chair Alysa Hutnik for a webinar on Wednesday, February 15 at…

The replay for our April 28, 2022 Consumer Privacy Litigation Update webinar is available here.

The increasing number of states enacting privacy laws means more privacy litigation. On this webinar, partners Lauri Mazzuchetti and Becca Wahlquist highlighted emerging trends across the docket of privacy litigation cases, provided an update on key cases involving consumer…

The August issue of Kelley Drye’s TCPA Tracker newsletter is here:

TCPA (Telephone Consumer Protection Act) Tracker Newsletter is a cross-practice effort produced to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC.

Recent News

FCC Opens Proceeding …

Over the last few months, a wave of consumers have filed putative class action complaints against a long list of consumer-facing website owners/operators and their software providers alleging invasion of privacy rights under statutes focused on wiretapping and eavesdropping.

Our team has represented both website and software defendants in these cases.  However, this post is not intended to reflect on any specific claim, website, or software.  Rather, our goal is to provide an introduction to the general nature of the consumer claims and current landscape of these litigations.

This post summarizes (1) the “session replay” technology at issue in these claims; (2) arguments presented by the Complaints; (3) an overview of common defenses; and (4) where things stand.  With that context, we then provide our list of practical considerations for the use of session replay software.      

What is “Session Replay” Software? 

A significant branch of the Software-as-a-Service (Saas) industry has arisen to support website owners/operators in effectively maintaining and leveraging their consumer-facing websites.  These software products are generally scripts placed in the JavaScript of a given website to capture specific information related to a consumer’s interactions with a given page.  The software can capture consumer’s keystrokes and mouse movements to provide information on everything from broken links or error messages to support IT teams, create heat maps showing website usage, and/or capture consumer information for validating consent to be contacted or agreement to receive products and services.

Despite how these products are often described, the software does not actually record the consumer’s session in the way that a security camera in a brick-and-mortar store would capture a consumer’s movements. Rather it captures the consumer’s interactions with the website at regular intervals and allows those movements and data points to be laid over an existing image of the website so that owners/operators can review a recreation (or dramatization) of an individual consumer’s experience.          …
Continue Reading Privacy Litigation Trend: The Latest on Session Replay Lawsuits, and Practical Considerations for Risk Mitigation

For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is expected to resolve a widening Circuit split over what qualifies as an automatic telephone dialing system (“ATDS”) under

…

It has been more than two years since the D.C. Circuit found the Federal Communications Commission’s (the “FCC”) discussion of predictive dialers and other equipment alleged to be an automatic telephone dialing system (“ATDS,” or “autodialer”) to “offer no meaningful guidance” on the question. In the absence of an FCC ruling on the remand, multiple…