Finding Coverage For Online Retail Privacy Class Actions

Recent court rulings interpreting state invasion of privacy and electronic surveillance statutes have caused a surge in the filing of privacy class actions.

These recent rulings — including Javier v. Assurance IQ LLC decided by the U.S. Court of Appeals for the Ninth Circuit in 2022[1] and Popa v. Harriet Carter Gifts Inc.[2] decided by the U.S. Court of Appeals for the Third Circuit in 2022 — grapple with applying privacy laws largely created to protect people from 20th century eavesdropping devices to 21st century marketing software tools that are now ubiquitous across consumer-facing websites.

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