Abraham Jewett  |  January 6, 2023

Category: Legal News

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Wiretapping, session replay software class action lawsuits overview: 

  • Who: Consumers recently filed class action lawsuits against Ulta, Spirit Airlines, Liberty Mutual Insurance, True Value Company, Papa John’s and JetBlue. 
  • Why: The consumers claim the companies unlawfully intercepted the electronic communications of their website visitors. 
  • Where: The complaints have been filed in federal court around the United States.

Consumers hit a number of companies with class action lawsuits alleging they used session replay software to covertly intercept and record the electronic communications of visitors to their website in real time. 

The class action lawsuits, which consumers filed in federal courts around the United States, claim the accused companies allegedly illegally wiretap them with their alleged use of session replay software. 

Read below to learn more about the recent class action lawsuits filed against companies accused of secretly spying on their website visitors. 

Ulta accused of using session replay software to wiretap website visitors

Ulta Salon, Cosmetics & Fragrance violates the law by allegedly using session replay software to “read, learn the contents of and make reports” of the electronic communications of its website visitors, a new class action lawsuit alleges. 

Plaintiff Joan Wright claims Ulta uses the session replay software to collect its website visitors’ keystrokes, search items, mouse clicks and movements, copy and paste actions and pages and content viewed, among other things. 

Wright argues in California federal court that Ulta violates the Wiretap Act and the California Invasion of Privacy Act. She wants to represent a nationwide class and California subclass of consumers who allegedly had their electronic communications intercepted by Ulta.  

She also demands a jury trial and requests injunctive and declaratory relief along with an award of statutory damages for herself and all class members. 

Spirit Airlines illegally wiretaps website visitors, class action says

Spirit Airlines uses third-party vendors to illegally wiretap electronic communications made by visitors to its website, a new class action lawsuit alleges. 

Plaintiff Frances Curd claims Spirit has third-party vendors, such as FullStory, embed JavaScript computer code into its website to “intercept and record” website visitors’ electronic communications. 

Curd argues in Maryland federal court that Spirit violates the Maryland Wiretap Act. She wants to represent a Maryland class of consumers who allegedly had their electronic communications captured by session replay code embedded on Spirit’s website. 

Curd demands a jury trial and requests declaratory and injunctive relief along with an award of statutory, actual, compensatory, consequential, punitive and nominal damages for herself and all class members. 

Liberty Mutual Insurance ‘knowingly, intentionally’ intercepts electronic communications, lawsuit claims

Liberty Mutual Insurance Company uses Clicktale and Datadog session replay spyware to intercept the electronic communications of its website visitors, according to a new wiretapping class action.

Plaintiff Brittany Vonbergen claims Liberty Mutual “knowingly and intentionally” intercepts the electronic communications without having the prior consent of its website visitors for financial gain. 

Vonbergen argues in Pennsylvania federal court that Liberty Mutual violates the  Pennsylvania Wiretap and Electronic Surveillance Control Act. She wants to represent a Pennsylvania class of consumers who had electronic communications they made on Liberty Mutual’s website intercepted without their prior consent. 

Vonbergen demands a jury trial and requests an award of actual, statutory, liquidated and/or punitive statutory damages for herself and all class members. 

True Value Company accused of ‘surreptitiously’ unlawfully intercepting electronic communications 

True Value Company “surreptitiously” intercepts the electronic communications of its website visitors, a new class action lawsuit alleges. 

Plaintiff Andrew Sineni claims True Value directs third-party vendors, including the Microsoft Corporation, to embed snippets of JavaScript code known as session replay software to intercept the electronic communications of its website visitors. 

Sineni argues in Missouri federal court that True Value violates the Electronic Communications Privacy Act, the Missouri Wiretap Act and Missouri’s Merchandising Practices Act

He wants to represent a nationwide class and Missouri subclass of consumers who had their electronic communications captured using session replay software installed on True Value’s website. 

He also demands a jury trial and requests declaratory and injunctive relief along with an award of statutory, actual, compensatory, consequential and punitive damages for himself and all class members. 

Papa John’s uses session replay software to illegally wiretap website visitors, class action says

Papa John’s illegally wiretaps the electronic communications of its website visitors, a new class action lawsuit alleges. 

Plaintiff Jordan Schnur claims Papa John’s procures third-party vendors to embed session replay software on its website to track website visitors’ electronic communications, including mouse movements and keystrokes, among other things. 

Schnur claims in Pennsylvania federal court that Papa John’s violates the Pennsylvania Wiretap Act. He wants to represent a Pennsylvania class of consumers who had their website communications allegedly captured by session replay software installed on Papa John’s website. 

Schnur demands a jury trial and requests declaratory and injunctive relief along with an award of statutory, actual, compensatory, consequential, punitive and nominal damages for himself and all class members. 

JetBlue uses session replay to unlawfully monitor website visitors, wiretapping class action claims

JetBlue Airways Corporation uses session replay software embedded on its website by third-party vendors to unlawfully wiretap the electronic communications of its website visitors, a new class action lawsuit alleges. 

Schnur, who also filed the class action lawsuit against Papa John’s, claims in a separate complaint that JetBlue uses the website communications allegedly captured by the session replay software to “create a video replay of the user’s behavior on the website.” 

Schnur claims in Pennsylvania federal court that JetBlue violates the Pennsylvania Wiretap Act. He wants to represent a Pennsylvania class of consumers who had their website communications allegedly captured by session replay software installed on JetBlue’s website. 

He also demands a jury trial and requests declaratory and injunctive relief along with an award of statutory, actual, compensatory, consequential, punitive and nominal damages for himself and all class members. 

Have you had your electronic communications intercepted using session replay software without your consent ? Let us know in the comments! 


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29 thoughts onPapa John’s, Ulta, others face class actions over wiretapping, session replay software

  1. j nelson, jr says:

    add me

  2. pc nelson says:

    add me pls

  3. j nelson says:

    add me pls

  4. Amanda Tyler says:

    Add me please

  5. Lorie W says:

    I’d like to be added to this as I use ULTA and Papa Johns very frequently. Ty

  6. Barbara Biegaj says:

    Please add me, thx!

  7. Heather Harris says:

    Add me Ultra

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