Software can be ‘device’ under Pennsylvania wiretap law

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 15, 2024 12:00 PM

Brittany Vonbergen alleged that the “session replay software” on Liberty Mutual Insurance Co.’s website violated the Pennsylvania Wiretap Act by permitting two “third-party session replay providers” to “contemporaneously intercept, capture, read, observe, re-route, forward, redirect and receive” her online activities when requesting a price quote.Her class action complaint alleges “Liberty Mutual knowingly and intentionally facilitated” the conduct of two companies, Clicktale and Datadog, that intercepted, recorded …

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