Chatbot technology and session replay software have created a recent explosion in class-action lawsuits across the nation. Most of these lawsuits involve state wiretapping laws. While defendants have successfully defeated these claims in some instances, recent trends suggest a new wave of lawsuits is looming.

To mitigate future exposure, companies should understand the evolving technology at the heart of these claims, the legal theories asserted and how best to defend these claims in litigation.

Overview of the Tech at Issue and Wiretapping Laws

(l-r) Petrina Hall McDaniel, Dara Mann, and Shing Tse, of Squire Patton Boggs. Courtesy photos