Love

facts, the applicable legal standards, and the arguments made by both parties. CIPA. Ladder operates a website that provides insurance quotes to potential customers. To obtain a quote, the user enters various information, including basic personal identifying information (e.g., name, zip code) and sensitive health information (e.g., prescription medication use, medical conditions, use of illegal drugs). Ladder allegedly uses FullStory’s Digital Experience Intelligence tools to track how consumers interact with its website. One particular function is the focal point of the plaintiffs’ complaint: Session Replay. Allegedly, FullStory captures a user’s entire site visit, allowing Ladder to replay every keystroke and click. The plaintiffs allege that these replays include the personal and sensitive information entered into the form.1 The plaintiffs allege that Ladder violated CIPA by aiding and abetting FullStory’s direct

1 Ladder contests this allegation, noting that FullStory’s privacy policy requires its customers to prevent sensitive information from being recorded and that FullStory offers a feature that masks text elements by default. There is no need to reach the question of…