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Pennsylvania — WESCA

Pennsylvania WESCA and website tracking

Pennsylvania is an all-party-consent wiretapping state, and its statute has been applied to website session recording.

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

Pennsylvania's Wiretapping and Electronic Surveillance Control Act (WESCA), 18 Pa.C.S. § 5701 et seq., is an all-party-consent statute. Like California's CIPA, it has been invoked against websites that use third-party session-replay and tracking tools to capture visitor interactions.

In a widely cited decision, the U.S. Court of Appeals for the Third Circuit allowed a WESCA session-replay claim to proceed, holding that interception can occur at the point a third party receives the data. That ruling made Pennsylvania a notable venue for website-wiretapping claims outside California.

Penalties & enforcement

WESCA provides for statutory and actual damages plus attorneys' fees, with 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.

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Related

California — CIPACalifornia — CCPA/CPRAFlorida — FSCAWashington — My Health My DataMassachusetts — Wiretap Act Exposure calculator
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