Wiretapping and Electronic Surveillance Control Act (WESCA)

Last week, the United States Court of Appeals for the Third Circuit denied rehearing en banc in a case about the application of Pennsylvania’s Wiretapping and Electronic Surveillance Control Act (“WESCA”), 18 Pa. C.S. § 5701 et seq., and issued an amended opinion to “clarify issues raised” by the defendants—an online retailer and an internet marketing company. The order leaves in place the Third Circuit’s August 2022 judgment in favor of the plaintiff consumer, which held that, dependent on further fact finding, defendants may be liable under WESCA for “intercepting” the consumer’s interactions with the retailer’s own website.

Continue Reading Third Circuit Denies Rehearing En Banc, Amends Opinion in Key Pennsylvania Wiretap Case Over Internet Third-Party Marketing