Lessons from a Pennsylvania Wiretapping Class Action Dismissal

An online retailer recently successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act class action, resulting in the dispositive dismissal of the action. The decision provides key insights and lessons on how online notice and consent can be leveraged to directly address and mitigate legal risks and class action liability exposure arising from the use of cookies, pixels, and similar website tracking technologies, and federal or state wiretapping statutes.

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