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Five More California Federal Court Decisions Rule Against Plaintiffs In Chat Wiretap Cases [telecom]

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  Five More California Federal Court Decisions Rule Against Plaintiffs  In Chat Wiretap Cases [telecom] "The Telecom Digest" <submissions@telecom-digest.org> - 2023-05-18 13:16 -0400

#14140 — Five More California Federal Court Decisions Rule Against Plaintiffs In Chat Wiretap Cases [telecom]

by J. Colin Knisely , Michael Zullo and Katherine Lynch

Companies that offer chat features on their websites should take note
of five recent federal decisions out of California dismissing
California Invasion of Privacy Act (CIPA) claims relating to the use
of chat features. These decisions, from the Northern, Eastern and
Central District Courts, represent the latest entries to the
jurisprudence and clarify the growing majority view that:

1. The "party exception" remains a viable defense even when companies
   use a third party to provide the chat services at issue; and

2. Plaintiffs must provide more than boilerplate, conclusory
   statements to plausibly allege "eavesdropping" and data use by a
   vendor to survive a motion to dismiss.

https://www.mondaq.com/article/news/1314432?q=1803232&n=789&tp=10&tlk=15&lk=84

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