In brief In Esparza v. Kohl’s, Inc., Plaintiff brought a putative class action accusing Kohl’s of allowing a third party to unlawfully eavesdrop on him while he had a brief conversation with an agent on a chat feature on Kohl’s website. Kohl’s moved to dismiss all claims, but the United States District Court for the Southern District of California granted the motion only as to the claims for violation of the California Constitution and intrusion upon…
In brief In Ashley Popa v. Harriet Carter Gifts, Inc., the Third Circuit reversed a Pennsylvania district court’s grant of summary judgment for defendants on claims that a shopping website and a marketing service violated Pennsylvania anti-wiretapping law by collecting and sharing records of the plaintiff’s digital activities without her consent. This decision is significant because it increases the risk that sharing of electronic data with third-party entities without the consent of the website visitor could…