Chatbots a Growing Target of Florida Litigation, Privacy Lawyers Say
Recent privacy litigation, mainly in Florida, has raised the bar for compliance for businesses using chatbots and other tracking tools on their websites, said Fisher Phillips lawyers in a blog post Thursday.
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“[Y]our company may already have a target on its back,” the attorneys warned, “even if it’s not based in the Sunshine State." The warning was directed to businesses with live chats, customer service bots or other third-party trackers.
Moreover, the bloggers noted recent suits filed in Florida against businesses without Florida operations but whose websites are accessed nationwide.
Recent court decisions have applied the 1969 Florida Security of Communications Act (FSCA) to modern technologies, the lawyers said. Hundreds of cases in Florida have been filed this year alone, up from 28 last year and just five in 2021.
The bloggers said the "spark that ignited the plaintiffs’ bar” was a March decision from a Florida state court, which allowed a class action to proceed with claims that a health care organization’s chatbots and tracking tech violated the FSCA because they intercepted communications without consent.
Accordingly, the lawyers advised companies to know what data they are collecting and disclosing, which audits can check, including of third-party website tools. Also, companies should review consent requirements and vendor contracts, update privacy policies and use affirmative consent, they said. Kays said, “It’s important to learn where your ‘data is going and how it complies with these laws."