Massachusetts' two-party-consent wiretap statute is another basis for website session-recording claims.
The Massachusetts Wiretap Act, M.G.L. c. 272 § 99, is a two-party-consent statute. Plaintiffs have argued it applies to website session-replay and tracking tools that capture visitor communications without consent.
Courts have reached mixed results on how the statute applies to web interactions, but the filings continue — and the safest position remains not intercepting visitor input before consent in the first place.
Whatever the statute, the underlying test is practical: do third-party trackers collect or transmit visitor data before the visitor consents? RegSentry runs a real browser against your site and shows you exactly that — which scripts fire, when, and whether a consent banner actually held them back.
See what fires on your site before consent — free, 30 seconds, no signup.
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