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Massachusetts — Wiretap Act

Massachusetts Wiretap Act and website tracking

Massachusetts' two-party-consent wiretap statute is another basis for website session-recording claims.

Wiretapping / session-recording statute
Statute type
Individuals can sue
Who enforces

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.

Penalties & enforcement

The statute provides for statutory/actual damages and includes a private right of action.

What this means for your site

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.

Real browser scan, no signup to run it. You see a summary of the findings; the full report with every tracker unlocks with your email.

Related

California — CIPACalifornia — CCPA/CPRAPennsylvania — WESCAFlorida — FSCAWashington — My Health My Data Exposure calculator
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