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Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

  • Video game developer Ubisoft, Inc. successfully defeated a wiretap class action lawsuit in the Northern District of California.
  • The judge ruled that plaintiffs had provided consent to the use of cookies and pixels through multiple interactions with the website.
  • The court determined that plaintiffs' consent was a defense to claims under the Federal Wiretap Act, California Invasion of Privacy Act, California Constitution, and Common-Law Invasion of Privacy.
  • Companies are advised to improve website Privacy Policy disclosures, ensure clear and user-friendly cookie preferences, and clearly communicate the use of third-party trackers and data disclosure to users.

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