Recent litigation surrounding Session Replay tools has raised concerns over privacy, likening these technologies to "wiretapping" due to their ability to record user interactions on websites without explicit consent. This has prompted some states to adopt "two-party consent" policies, requiring both businesses and users to agree before tracking occurs. Despite these legal challenges, businesses can still leverage analytics tools to enhance user experiences while safeguarding privacy by configuring session replay tools to mask sensitive data, updating privacy policies with detailed disclosures, and implementing visible consent mechanisms like banners or pop-ups. Companies like Heap, which specialize in digital experience analytics, advocate for balancing customer journey insights with user privacy protection by promoting best practices such as affirmative consent and using data privacy tools, urging businesses to consult legal counsel for compliance with evolving laws.