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What is the impact of the Javier v. Assurance IQ decision on my business?

It has been brought to our attention of the potential impact of a recent court ruling in California. 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. 

The implication is that a website could be liable for damages if it’s deemed they have recorded the information of a Californian. We recommend you consult a lawyer and whether consent of some kind is required prior to a conversation with your website visitors (especially in California). 

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).

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