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Course Information

Web Privacy & Accessibility LAWSUITS 2.0
Course type
Course credits
1.0 credits
Course duration
60 minutes

Course Description

Does your company provide chat features or track user activity on its website?

If so, consider attending this course explaining how the Plaintiffs’ bar is weaponizing state privacy and wiretap statutes to manufacture claims against companies like yours.

By now, most companies are all too familiar with claims and lawsuits related to website accessibility. We expect this trend only to accelerate.

And, now, a new trend is emerging. Over the past few months, there has been a sharp increase in lawsuits targeting companies that use technologies to track user activity on their websites. Plaintiffs in these cases allege such practices, when done without obtaining a user’s consent, violate electronic interception provisions of various state laws. The two most prominent technologies at issue are:

1. session replay software, and
2. coding tools embedded in chat features.

The claims reflect a novel attempt by the Plaintiffs’ bar to impose old statutes on new technology – i.e. state wiretap laws and their prohibitions of the unauthorized interception or disclosure of communications transmitted electronically.

Some of the same law firms filing the wiretap lawsuits are also making separate claims (or filing completely separate class action lawsuits) under the Video Privacy Protection Act (VPPA) when a company’s website contains videos. These claims allege a violation of the VPPA when the video on the website has an embedded tracking code that transmits information about the videos watched by users to third parties, such as Google and Facebook.

The exposure here is potentially massive: statutory fines here range from $1,000 to $5,000 per violation, depending on the state.

This course will cover topics related to all three of the above-described lawsuits: website accessibility, session replay/chat features, and VPPA.

While the focus of this webinar will be on claims by consumers, we also will cover how these theories of liability may be weaponized in the employment context, too, and steps businesses can take to mitigate the employment risks.

Credits: 1.0 CA CLE; 1.2 NJ CLE; 1.0 NY CLE; 1.0 PA CLE; 1.0 HRCI; 1.0 SHRM
(Other states available for CLE credits upon request)

To pay by check for this program, please fill out this Registration Form

Nonprofits: When registering, please use the promo code NPDiscount23 when adding this course to your cart to receive your 10% discount.


Field of Study
  • leadership