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Digital Wiretapping Litigation

Overview
Insights

Overview

The Fisher Phillips Consumer Privacy Team provides strategic, experienced defense for clients facing state or federal wiretapping and invasion of privacy claims arising from the use of tracking technologies – such as cookies, pixels, beacons, and similar tools – in websites, apps, and marketing communications. We have deep experience litigating claims under key statutes including the California Invasion of Privacy Act (CIPA), California Consumer Privacy Act (CCPA), California Confidentiality of Medical Information Act (CMIA), Video Privacy Protection Act (VPPA), Electronic Communications Privacy Act (ECPA), and both federal and state wiretapping laws.

Our team understands the legal and technical complexities of these claims, including third party trackers, consent issues, and the roles of website service providers. Our attorneys help clients conduct thorough investigations to assess the legitimacy of claims and provide them with a clear, informed path forward. We have successfully defended numerous cases and secured the voluntary withdrawal of multiple claims based on our early analysis and response strategies.

We not only understand the evolving landscape of privacy litigation but also stay ahead of trends in enforcement and defense tactics -- helping to position clients for favorable outcomes.

Our services include:

  • Comprehensive legal assessments of wiretapping and invasion of privacy allegations under all relevant statutes
  • In-depth factual investigations of alleged violations
  • Representation in litigation, arbitration, or response to demand letters
  • Risk analysis of website functionality and third-party tracking exposure
  • Proactive guidance on compliance and risk mitigation strategies

Our clients include companies in the aerospace, automotive, financial services, healthcare, hospitality, manufacturing, media and communications, retail, social media, supply chain, and technology industries.

Insights

  • Insights

    05/30/25

    New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

    Catherine M. Contino, Darcey M. Groden, Danielle M. Kays, Xuan Zhou

    Read more 

  • Insights

    05/30/25

    Workplace Law Update: 10 Essential Items on Your June To-Do List

    Lauren Laing

    Read more 

  • Insights

    04/22/25

    California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can Mitigate Risk

    Catherine M. Contino, Usama Kahf

    Read more 

  • Insights

    04/14/25

    Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

    Catherine M. Contino, Darcey M. Groden, Danielle M. Kays

    Read more 

  • Insights

    04/11/25

    From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

    Vivian Isaboke, Anthony Isola

    Read more 

  • News

    04/09/25

    Co-Chair of Privacy and Cyber Practice Discusses Recent California Privacy Ruling

    Usama Kahf

    Read more 

  • News

    04/02/25

    Republished Insight: Digital Wiretapping Litigation: Top 5 Surprising Takeaways

    Kate Dedenbach, Usama Kahf

    Read more 

  • Insights

    04/01/25

    California Probe Targets Location Data Industry: 5 Steps to Keep Your Business Off the CCPA Enforcement Radar

    Darcey M. Groden, Usama Kahf, Chelsea Viola

    Read more 

  • News

    03/11/25

    Irvine Partner Shares How Recent Court Rulings May Signal Changes for CIPA Litigation

    Usama Kahf

    Read more 

  • Insights

    02/10/25

    Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

    Kate Dedenbach, Usama Kahf, Rachel Song

    Read more 

View All 

Key Contacts

  1. Risa B. Boerner, CIPP/US, CIPM
    Partner

    610.230.2132

    Email
  2. Usama Kahf, CIPP/US
    Partner

    949.798.2118

    Email
  3. See all 

Digital Wiretapping Litigation Map

Visit our Digital Wiretapping Litigation Map, which provides a comprehensive view of digital privacy litigation matters filed across all fifty states.


Related Services

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