Fandango Secretly Monitored and Recorded Customers Online, Class Action Alleges

Fandango covertly used tracking and recording software to illegally intercept people’s interactions with its website and record their locations, a new class action lawsuit alleges.

The company, which sells movie tickets via its website, is facing a class action lawsuit that was filed Feb. 8 in Florida state court and moved to the Southern District of Florida federal court on Wednesday.

In the lawsuit, consumer Jason Goldstein accuses Fandango of violating the Florida Security of Communications Act (FSCA) through unlawfully intercepting customer communications.

Goldstein said he went on Fandango’s website about three to six times in the last year-and-a-half, most recently in February last year. 

During these visits, Goldstein alleged he discovered that Fandango was using tracking, recording or what is known as “session replay” software to monitor his use of the website, including tracking his mouse clicks and movements, content viewed and information logged.

He said Fandango also recorded his location and the times and dates of each visit, all without his consent.

“[Fandango] intercepted the electronic communications at issue without the knowledge or prior consent of the plaintiff and class members,” the lawsuit alleged. 

“[It] did so for its own financial gain and in violation of [the plaintiffs] privacy rights under the FSCA. Such clandestine monitoring and recording of an individual’s communications has long been held a violation of the FSCA.”

Goldstein said the ticketing company’s “surreptitious interception” of his electronic communications caused him harm through invading his privacy and exposing his private information.

The class action lawsuit seeks to represent a Class of at least one million people who bought movie tickets through the website through 2019 and 2020 using a Florida zip code, saying each member should be entitled to at least $1,000 in damages.

Goldstein is also seeking an injunction preventing Fandango from continuing the practices he alleges, fees, costs and a jury trial.

Meanwhile, 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 state privacy law.

The lawsuit alleges the website violated the California Invasion of Privacy Act when it used Jornaya services to track his activity on the website.

Plaintiffs are represented by Andrew J. Shamis of Shamis and Gentile, P.A.; Scott Edelsberg of Edelsberg Law, P.A. and Manuel Hiraldo of Hiraldo P.A. 

The Fandango FSCA Class Action Lawsuit is Jason Goldstein, et. al. v. Fandango Media LLC, Case No. 9:21-cv-80466-RAR, in the United States District Court Southern District of Florida.

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