Live Chat in California, Florida and other states
What is the impact of U.S. state privacy and security laws and GDPR on my business?
There is a potential impact of recent court rulings in California and other states that may impact companies that have live chat and ticketing systems. On May 31, 2022, the Ninth Circuit issued its ruling in Javier v. Assurance IQ, LLC et al. – a putative “session-replay” class action under the California Invasion of Privacy Act (Cal. Penal Code § 630, et seq.). According to one legal analyst, “it appears a website publisher must now obtain the user’s permission before recording any information about the user’s website visit. (Think, i.p. address, date and time of visit, etc.).” Here is some additional analysis on the issue.
Additionally, Florida's Security of Communications Act (Fla. Stat 934.01) may regulate the recording of any person's live chat electronic communications. Compliance with the Florida law may only require conspicuous disclosure the chat will be recorded. General Data Protection Regulation (GDPR) may also require companies to require consent.
The implication is that a website could be liable for damages if it’s deemed they have recorded the information without permission. We recommend you consult a lawyer and whether consent of some kind is required prior to a conversation with your website visitors.
Additionally, if you would like to discuss the settings of your LiveHelpNow account and for potential ways to gain consent with a website visitor prior to a chat engagement, please contact our customer success team by live chat, email, or text or phone (1-877-548-3001).