Appeals Court Approves comScore Privacy Class Action Lawsuit

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On June 11, 2013, the Seventh Circuit Court of Appeals in Chicago denied comScore’s request to overturn a lower court’s decision to allow a class action lawsuit to proceed against the company for alleged privacy violation.

The comScore privacy class action lawsuit was initially filed in August 2011 by two plaintiffs who had downloaded comScore software. The lawsuit was granted class action status in April. This ruling does not address the merits of the case but will allow the class action lawsuit to proceed.

In the class action lawsuit, the plaintiffs accuse the analytics company of collecting and selling sensitive personal data from consumers, including Social Security numbers, passwords, financial information, retail transactions and credit card numbers. The plaintiffs allege that comScore violated the Stored Communications Act (SCA), the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), and the Illinois Consumer Fraud and Deceptive Practices Act.

comScore gathers  data about consumers through a program called OSSProxy. OSSProxy constantly collects data about the consumer’s computer, including web browser history, names of computer files, contents of PDF files, passwords and other confidential information. comScore analyzes this data and sells it to its clients. The primary way that comScore distributes OSSProxy to consumers is by collaborating with “bundlers” that provide free digital downloads to consumers.

comScore claims that users who download the company’s software must first agree to the privacy statement and user license agreement before OSSProxy will be installed. Further, comScore argues that it removes all confidential information before selling it to its clients.

According to the plaintiffs, comScore did not warn the consumers about the “terrifying” amount of data it collects. They argue that comScore exceeded the scope of its own agreement by collecting confidential information from consumers’ computers. In addition, the plaintiffs allege that comScore failed to take reasonable efforts to filter or purge confidential information from the data it sells to its clients.

In April, U.S. District Court Judge James F. Holderman approved the Class Members as anyone who has “at any time since 2005, downloaded and installed comScore’s tracking software onto their computers via one of comScore’s third party bundling partners.” This Class may include tens of millions of users, which would make it the largest privacy class action lawsuit in history. Judge Holderman also certified a subclass of people who were not presented with a link to the license agreement before installing the comScore software on their computers.

Plaintiffs are seeking injunctive relief and damages amounting to $1,000 per violation under the SCA and ECPA. comScore claims that it intends to fight the case, claiming that the class action lawsuit is “filled with factual inaccuracies.”

Trial for the comScore privacy class action lawsuit is scheduled to begin before the end of 2013.

The comScore Privacy Class Action Lawsuit case is Mike Harris, et al. v. comScore, Inc., Case No. 11-cv-5807, U.S. District Court, Northern District of Illinois.

The plaintiffs are represented by Edelson LLC.

UPDATE 1: On May 30, 2014, comScore Inc. reached a $14 million class action settlement to resolve the allegations raised in this case. Class Members are expected to receive approximately $200 each.

UPDATE 2: Instructions on how to file a claim for the comScore class action settlement are now available! Visit our open settlement page or www.DataCollectionSettlement.net for more information.