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Third Circuit Rejects Direct-Party Exception for Digital Marketers Under Pennsylvania's Wiretap Statute – Publications

In a precedential decision with potential implications for online privacy disclosures and consent practices, the Court of Appeals for the Third Circuit recently ruled that a retailer and its third-party digital marketer were not exempt from liability under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act simply because the marketer’s server directly received the relevant communications from the plaintiff.
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