May 7, 2024
Eric Bakewell, a partner in Willkie’s Litigation Department, and Susan Rohol, a partner in the Privacy, Cybersecurity & Data Strategy, and AI & Emerging Technologies practice groups, authored an article in Daily Journal titled, “Businesses beware – privacy plaintiffs are looking at you, too.” Associate Emily Horak also contributed to the article.
The article addresses the recent wave of privacy complaints against website owners, alleging violations of the California Invasion of Privacy Act (CIPA) – a 1967 law that was enacted long before the Internet.
Every day, many businesses around the country are receiving demand letters, arbitration demands, and complaints with ultimatums—to either cut a check for a settlement payment or spend the time and resources to defend a baseless claim. The authors note that plaintiffs are often indiscriminate with their demands and can target all sorts of businesses. Small and mid-sized businesses who likely aren’t following the growth in privacy laws may not realize they are subject to privacy laws—let alone could be engaged in “wiretapping.”
The authors highlight the importance of proactive privacy counseling, noting that any business that operates a website or uses third-party software is at risk of facing privacy complaints. Counseling is critical to ensure businesses plan for changes required before new laws take effect, comply with new privacy laws, and remain up-to-date on trends in privacy litigation to avoid a potential demand letter or lawsuit.
Read the full article here (subscription required).
The article addresses the recent wave of privacy complaints against website owners, alleging violations of the California Invasion of Privacy Act (CIPA) – a 1967 law that was enacted long before the Internet.
Every day, many businesses around the country are receiving demand letters, arbitration demands, and complaints with ultimatums—to either cut a check for a settlement payment or spend the time and resources to defend a baseless claim. The authors note that plaintiffs are often indiscriminate with their demands and can target all sorts of businesses. Small and mid-sized businesses who likely aren’t following the growth in privacy laws may not realize they are subject to privacy laws—let alone could be engaged in “wiretapping.”
The authors highlight the importance of proactive privacy counseling, noting that any business that operates a website or uses third-party software is at risk of facing privacy complaints. Counseling is critical to ensure businesses plan for changes required before new laws take effect, comply with new privacy laws, and remain up-to-date on trends in privacy litigation to avoid a potential demand letter or lawsuit.
Read the full article here (subscription required).
