Countless companies leverage third-party analytics tools to help improve website design, update user interfaces, and otherwise enhance users’ online experience. One such tool—“session replay” software—captures certain user interactions (e.g., mouse movements, page scrolling, keystrokes, and error messages) on a website or application running the tool.

Over the last year, the widespread use of session replay software has attracted the attention of the plaintiffs’ bar, and dozens of nearly identical putative class action lawsuits have been filed, marking a new trend in privacy-related litigation. Plaintiffs in these actions allege that companies’ use of third-party session replay tools to capture users’ interactions with websites or applications violate their privacy rights, focusing on claims under state wiretap laws.