In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Jason Manning, Angelo Stio, and Rob Jenkin to unpack the surge of litigations arising from the use of tracking technologies (e.g., cookies, pixels, and session tools) on websites. This episode explains how plaintiff firms are repurposing federal and state wiretap and “trap-and-trace” laws, as well as the Video Privacy Protection Act (VPPA), to assert claims associated with a business’s use of tracking technologies without consent. 

Key point: Courts are concluding that not all data breaches should result in a lawsuit. Businesses need to consider causation and damages when responding to an incident and take steps to determine if there is no evidence of harm or traceability including on a class wide basis.

Renowned Privacy Law Attorney Brings Extensive Experience in State Legislation and AI Regulation, Strengthening Firm’s National Reach and Service Offerings

David Stauss has joined Troutman Pepper Locke as a partner in the firm’s Privacy and Cyber Practice Group. A distinguished authority in privacy, information security, and AI law, Stauss brings