Article
Federal Court Allows Wiretap Claim To Proceed Based On Alleged DOJ Bulk Sensitive Data Rule Predicate Violation
In a first-of-its-kind pleading-stage decision, a federal district court in Baker v. Index Exch. Inc., No. 25 C 10517 (N.D. Ill. June 16, 2026), denied a motion to dismiss a putative class action alleging that supply-side platform (“SSP”) Index Exchange Inc. and its affiliate Index Exchange USA, LLC violated the Electronic Communications Privacy Act, 18 U.S.C. § 2511 (the “Federal Wiretap Act”), in connection with alleged data transfers to a Chinese e-commerce platform.
Simpson Thacher & Bartlett