The ECPA: A Federal Private Right of Action for Privacy Policy Inaccuracies? (And What You Can Do to Cut Off Class Action Lawsuits)
A federal court ruling may allow plaintiffs to use privacy policy inaccuracies as the basis for wiretapping claims under the ECPA.
An August 2025 federal court ruling has opened the door for plaintiffs to use alleged inaccuracies or misrepresentations in a company’s privacy policy and other privacy disclosures as the basis for a federal wiretapping claim under the Electronic Communications Privacy Act (“ECPA”).... By: Troutman Pepper Locke