Session replay tools capture mouse movement, clicks, scrolling, and form entry. Claims allege the vendor's receipt of that data constitutes wiretapping under state statutes requiring all-party consent.
The party exception is the principal defense.
Alternative Names:
Session Recording Claim|Replay Technology Claim
Why it Matters?
Whether the technology vendor is a party to the communication or a third-party interceptor decides these cases, and courts have divided based on how the vendor uses the data. A vendor processing data solely to provide the service to the website operator is more readily treated as an extension of the operator, while one using the data for its own purposes is not. Contract terms and actual data use both matter.
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Frequently asked questions
What decides these cases?
What favors the party exception?
