Since the Commonwealth of Pennsylvania does not have a comprehensive consumer data privacy statute, it relies on a patchwork of other statutes and regulations to protect its citizens' data
In Popa v. Harriet Carter Gifts, Inc. and NaviStone, Inc. the Third Circuit determined that an interception indeed occurred under WESCA, but could not determine where – a critical question since WESCA does not apply to conduct outside of Pennsylvania.
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never.
In Popa v. Harriet Carter Gifts, the Third Circuit held NaviStone’s collection of Popa’s information violated Pennsylvania’s Wiretapping and Electronic Surveillance Control Act. The ruling emphasizes obtaining consent from website visitors before collecting data.
As a spate of recent decisions makes clear, companies conducting e-commerce may be subject to liability under state wiretap laws for their use of software designed to track consumer.