Old Navy, Banana Republic, Norton Secretly Tracked Customers Online, Lawsuit Alleges

Online software was secretly used by Old Navy, Banana Republic and NortonLifeLock to illegally track and record customers’ locations, and interactions with the companies websites, a group of class action lawsuits allege.

In three almost-identical proposed class action lawsuits, plaintiff Lauren Holden says the companies violated the Florida Security of Communications Act (FSCA) by intercepting information about visitors to their websites without their knowledge or permission. 

“Such clandestine monitoring and recording of an individual’s electronic communications has long been held a violation of the FSCA,” she said.

The suits were originally filed in state court in February, but were removed to federal court Monday.

The companies, including cybersecurity company NortonLifeLock, allegedly used “session replay” software to track consumers’ mouse movements, clicks, pages viewed, information entered and locations.

“Defendant’s surreptitious interception of [Holden’s] electronic communications caused [her] harm, including invasion of her privacy and/or the exposure of private information,” the lawsuits stated.

The class action lawsuits allege the three companies intercepted customers’ electronic communications for their own gain. 

Holden is seeking injunctions ordering the companies to stop their alleged tracking, as well as damages for Class Members, attorney fees and legal costs. She estimates there are at least 100 Florida-based potential class members for each suit. 

The FSCA provides for liquidated damages totaling the greater of $1,000 or $100 a day for each violation. Holden said she visited the Banana Republic and Old Navy sites at least five times each in the past year and the Norton site at least 20 times. 

The complaints come as Fandango also faces similar allegations under the FSCA, in a lawsuit brought by the same lawyers. In that case, the movie tickets website has been accused of covertly used tracking and recording software to illegally intercept people’s interactions with its website and record their locations.

In Oct. 2020, a California man sued Cars.com for similar reasons, claiming the website uses technology to secretly record visitors’ activity in violation of California state privacy law.

Did you know there was software that allowed companies such as Banana Republic to record your clicks and movements online? What do you think about these cases? Let us know in the comments!

Holden is represented by Andrew J. Shamis of Shamis & Gentile PA, Manuel S. Hiraldo of Hiraldo PA and Scott A. Edelsberg of Edelsberg Law PA.

The Old Navy, Banana Republic, Norton FSCA Class Action Lawsuits are Banana Rebcases are Holden v. Banana Republic LLC, Case No. 3:21-cv-00268, Holden v. Old Navy LLC, Case No. 3:21-cv-00270, and Holden v. NortonLifeLock Inc., Case No. 3:21-cv-00279, in the U.S. District Court for the Middle District of Florida. 

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