Claims allege that a vendor providing live chat functionality received and analyzed communications between the site operator and visitors, constituting interception under wiretapping statutes.
Artificial intelligence chat tools have expanded the theory.
Alternative Names:
Live Chat Claim|Chat Wiretapping Claim
Why it Matters?
Vendor use of chat transcripts for its own model training or analytics is what distinguishes an interceptor from a service provider, which makes the vendor agreement's data use provisions the central evidence, and agreements permitting the vendor to use content for product improvement undermine the party exception. Disclosure at the chat's outset that a third-party provider processes the conversation supports consent defenses.
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Related terms
Frequently asked questions
What distinguishes an interceptor from a service provider?
What supports a consent defense?
