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Third-Party Pixel Tracking Technology Liability 

Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the dismissal stage of litigation proceedings. In Nienaber v. Overlake Hosp. Med. Ctr., 2024 WL 2133709 (W.D. Wsh. May 13, 2024), plaintiff alleged that defendant, a hospital, shared her private data with Meta, formerly Facebook, and other third parties by using third-party pixel tracking software on its website and private patient portal. The Court dismissed plaintiff’s claims, finding that plaintiff failed to plausibly allege: (1) that any of her sensitive

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FTSA Lawsuit Update

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare, Inc., Defendant moved to dismiss Plaintiff’s FTSA lawsuit on the grounds that Plaintiff

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Third Circuit Clarifies TCPA ATDS Liability

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme Court’s landmark decision in Facebook v. Duguid. As our readers are aware, the TCPA was enacted to

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