Melissa Siebert was quoted in a Law360 article discussing the rise of lawsuits that allege violations of the California Invasion of Privacy Act, which prohibits the interception or recording of communications without all parties' consent. The increase of litigation could be softened by a dispute under consideration by the full Ninth Circuit regarding whether a lower court has jurisdiction to entertain claims that Shopify Inc. inserts tracking software into California consumers' browsers without their consent.
According to Melissa, a reversal of the panel ruling would remove the vital defense for companies that California can't exercise jurisdiction over them because they lack sufficient contacts with the state. "A ruling that those traditional jurisdictional requirements are different for websites would have huge repercussions for every company, and especially small businesses," said Melissa.
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