We represent Americans who have had their privacy rights violated by the illegal business practices of massive Internet tracking companies. America has a long history of protecting the privacy of its citizens. The Fourth Amendment, for example, protects our right to be free from unreasonable searches and seizures. As technology advanced, Congress saw the need to extend these privacy rights to our relationships with private actors. Along the way, states enacted their own statutes to protect the privacy rights of their citizens. In addition to these statutory protections, Americans have the right to bring common law tort claims against people or companies who invade our privacy.
Statutory Privacy Rights and Causes-of-Action
The Wiretap Act – 18 U.S.C. 2510, et. seq. – prohibits the intentional interception of oral, wire, or electronic communications without consent. Companies that spy on Americans in violation of this act are civilly liable for statutory damages of $100 per violation or $10,000 per plaintiff, whichever is greater.
The Stored Communications Act – 18 U.S.C. 2701, et. seq., prohibits unauthorized access to an American’s stored wire or electronic communications. Companies that violate the SCA are civilly liable for statutory damages of $1,000 per plaintiff.
The Computer Fraud and Abuse Act – 18 U.S.C. 1030, et. seq., prohibits unauthorized access to an American’s computer and the taking of any information from that computer. Companies that steal information from Americans’ computers without permission are civilly liable for the violation.
The Video Privacy Protection Act – 18 U.S.C. 2710, et. seq., protects the privacy of Americans’ video viewing histories by prohibiting the transfer of that information to third-parties without consent. Companies that pass such information along without consent are liable for statutory damages of $2,500 per plaintiff.
Intrusion Upon Seclusion – The common law tort of intrusion upon seclusion protects Americans against the intentional intrusion of a person’s solitude or seclusion that would be offensive to a reasonable person.