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Home Depot uses software to monitor and record exactly what consumers are doing on its website, as though it were standing over a customer’s shoulder, a new class action lawsuit alleges.
In the class action lawsuit, which was removed to a Florida federal court Friday, Plaintiff Michael Fridman alleges Home Depot violates the state’s Security of Communications Act through using Quantum Metric session replay tools to “secretly observe and record” customer movements online.
“Technology like Quantum Metric’s is not only highly intrusive, but dangerous,” the class action states. Session replay tools allow companies to record a customer’s clicks, mouse movements and input of information.
The class action lawsuit cites a 2017 study by Princeton University that found session recording technologies like the one Home Depot allegedly uses were collecting sensitive user information such as passwords and credit card numbers.
“The research notes that this wasn’t simply the result of a bug, but rather insecure practices. Thus, technologies such as Quantum Metric’s leave users vulnerable to data leaks and the harm resulting therefrom.”
The class action says the session recording technology amounts to a wiretap of the electronic communications of anyone who visits the website homedepot.com. Fridman says the wiretaps are embedded in the computer code, and begin working as soon as a person accesses the website.
There is no opportunity for a customer to consent to the Home Depot privacy policy, and even then, the policy does not mention the session replay software being used, the claim states.
Fridman is seeking to represent anyone in Florida who visited the Home Depot website and had their screen session recorded without their consent.
He wants certification of the class action, damages, interest, restitution, fees, costs and a jury trial.
The class action lawsuit against Home Depot is similar to three lawsuits filed earlier this year in Florida against Old Navy, Banana Republic, and NortonLifeLock.
The three lawsuits accused the companies of, similar to the Home Depot lawsuit, violating the Florida Security of Communications Act by intercepting information about visitors to their websites without their knowledge or permission.
Those lawsuits were originally filed in state court in February but were removed to federal court in March.
In October 2020, a California man filed yet another similar suit against Cars.com, accusing the website of using technology to secretly record visitors’ activity in violation of California privacy laws.
How do you feel about companies recording your clicks and movements on their websites? Let us know in the comments!
Fridman is represented by Avi Robert Kaufman of Kaufman PA and Brian Levin of Levin Law PA.
The Home Depot Wiretapping Class Action Lawsuit is Fridman et al., v. The Home Depot Inc., Case No. 1:21-cv-21892, in the U.S. District Court for the Southern District of Florida.
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45 thoughts onHome Depot Wiretapped Shoppers, Class Action Lawsuit Claims
Add me please.
Add me please!!
Anyone here one of people scammed by Home Depot, like myself, this past spring when Home Depot offered a $200 Home Depot giftcard with the purchase of a John Deere zero turn mower? I went through two months waiting for the Home Depot Rebate center to process my paperless giftcard. According to the rebate tracker, my giftcard was supposed to be sent to me on June 1st. The person in the chat customer center bold faced lied and said that since I cannot find the giftcard anyplace in my email, that I now have to wait for another team of giftcard issuers (seriously?!) to look into the matter and get back with me if they will “reissue” another paperless giftcard. The giftcard is never going to be sent, because Home Depot is like Menard’s in the way that they already got you to buy at their stores under the false notion of a reward. And if you want to complain about not ever seeing that rebate/reward/giftcard, there is only a customer support chat rep that “understands your irritation with waiting months and months, and will send your complaint/matter to someone else. So please wait.” Scam all the way around!