A recent noteworthy decision from a federal court in California provides helpful guidance for companies deploying chatbots and other types of tracking technology on their websites, but at the same time highlights the nuances and high wire act of safely collecting consumer information versus stepping over the line.
In Valenzuela v. The Kroger Co., the U.S. District Court for the Central District of California dismissed a proposed class action filed against the grocery chain Kroger, finding that the plaintiff did not have a viable argument under the California Invasion of Privacy Act (CIPA). Because plaintiffs’ attorneys have recently been using CIPA to bring cases against a large number of companies, this decision is potentially an important decision in privacy jurisprudence. However, the narrowness of the decision leaves open other paths for plaintiffs and demonstrates the need for companies to carefully and thoughtfully assess what online tracking they conduct in…
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