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Web User-Tracking Lawsuits Find New Tack in Pen-Register Theory

Bloomberg Law

Privacy and Cybersecurity partner Wynter Deagle was quoted in the Bloomberg Law article, “Web User-Tracking Lawsuits Find New Tack in Pen-Register Theory,” about a new class action theory aimed at website operators in California that claims the websites violate state law by installing software that acts as an illegal pen register. More than 50 class actions have been brought in California courts since November alleging this state law violation.

Deagle told Bloomberg that the pen-register theory is similar to pixel-tracker cases in the health-care space, which saw a similar progression in the courts. “You start with a almost a scattershot filing of the same complaint against a number of defendants,” she said. “And then once it catches on a little bit, you do start to see more interest from other plaintiffs lawyers.”

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