Explainer: Privacy Litigation Risks Involving Website Tracking and AI Recording Under All-Party Consent Rules

All-party consent is a legal rule requiring everyone in a conversation to consent before it can be recorded or captured. It appears in wiretapping and eavesdropping statutes in around a dozen U.S. states, most of which were enacted in the late 1960s and 1970s. Sections 631 and 632 of the California Invasion of Privacy Act (CIPA) are the provisions cited most often. Section 637.2 allows an injured party to claim $5,000 per violation or three times the actual damages, without proving harm.