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NaviStone Helps Brands Maximize Site Traffic by Converting Browsers Into Known, Direct Mail Customers, the Proof Is In The Numbers. Reach 70% Of Your Site Visitors Through The Highly Responsive Direct Mail Channel and Drive 5% Response Rates


In August 2022, a Federal Appeals court in Pennsylvania changed the longstanding interpretation of a Pennsylvania state law called WESCA (Wiretapping and Electronic Surveillance Control Act). For the last 20+ years, both state and federal courts have ruled that common communication between websites and their partners do not fall under WESCA and to avoid liability, website owners must disclose the communications in their privacy policy. The change declares that these communications now do fall under WESCA and must be disclosed in privacy policies. The web services affected include things like Analytics, Email Service Providers, Online Chat, Ad Networks, Website Hosting and more. It includes virtually all of the web technology service providers used by online businesses.

The change in interpretation applies to a case that had been decided in NaviStone’s favor in 2021 in Pennsylvania. NaviStone have filed a challenge to the Appeals Court’s ruling. NaviStone is confident that the state of Pennsylvania will withhold the original intent of the WESCA law.

The following statement can be attributed to Larry Kavanagh, CEO of NaviStone, in relation to the California District Court's ruling in favor of NaviStone on privacy issue.

We are pleased the courts have once again found for NaviStone and its commitment to consumer privacy. NaviStone proved that the plaintiff had never been “wiretapped”, and both in discovery and in expert reports NaviStone’s established that its services preserved and protected website visitor anonymity. Plaintiffs were unable to counter that evidence.

NaviStone’s expert witness, Dr. Greg Humphreys said, “This ruling is important for the entire industry. NaviStone uses the same fundamental approach as almost all analytics companies. If it were disallowed, the entire modern web as we know it would cease to exist." Dr. Humphreys is an award-winning software expert and former assistant professor at the University of Virginia, with a PhD in Computer Science from Stanford University.

According to David Bertoni, a partner with Brann & Isaacson who represented NaviStone, “Litigating class actions has, unfortunately, become a rite of passage for successful tech companies. Given NaviStone has won every one of the five cases brought by the same law firm, it’s clear the company is both privacy centric and can prove it in court.”

NaviStone has designed a marketing platform that helps clients deliver more relevant advertising for the purpose of enhancing consumers’ experience with that brand, while protecting their privacy. NaviStone’s program is built from the ground up to protect the privacy and anonymity of visitors to its clients’ websites.

The company’s commitment to privacy is published on its website. We will continue to fulfill on this commitment to our clients and consumers.

Questions about the lawsuit? We have answers.

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