Moosejaw Class Action Says Outdoor Rec Website Tracks Customer Data

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A class action lawsuit claims that outdoor clothing retailer Moosejaw, along with NaviStone, secretly record customers’ actions while on its website.

Accusing Moosejaw and NaviStone of wiretapping, lead plaintiff Jeremiah Revitch says that the companies record keystrokes, mouse clicks, and other communications of consumers who visit Moosejaw.com.

According to the Moosejaw class action lawsuit, the recording of this information without permission violates California consumer protection and privacy laws.

“The wiretaps, which are secretly embedded in the computer code on Moosejaw.com, are used by Defendants to scan the user’s computer in search of files that can be used to de-anonymize and identify the user, and also to observe visitors’ keystrokes, mouse clicks, and other electronic communications in real time for the purpose of gathering Personally Identifiable Information (‘PII’) to de-anonymize those visitors – that is, to match previously unidentifiable website visitors to obtain their names and home addresses, along with detailed data concerning their browsing habits,” alleges the Moosejaw class action lawsuit.

According to the Moosejaw website class action lawsuit, consumer’s clicks and keystrokes are recorded regardless of whether they purchase anything from Moosejaw.com.

Revitch says that he used the Moosejaw.com website to make purchases on several occasions; however, his electronic communications were captured by Moosejaw and NaviStone in real time.

The plaintiff alleges the companies used this information in an attempt to identify him – and the same is happening to other consumers on the Moosejaw website.

Moosejaw is a Michigan based outdoor clothing retailer, according to the class action lawsuit, with 10 brick and mortar locations and an expansive online presence.

NaviStone is a marketing company and data broker that specializes in obtaining and selling consumer data.

According to the Moosejaw wiretapping class action lawsuit, NaviStone touts its ability to allow e-commerce websites, like Moosejaw.com, to obtain a “wealth of new marketing data” from consumers by inserting computer code that allows the company to track visitors’ IP addresses and other personally identifiable information.

“As currently deployed, NaviStone’s remote code functions as a wiretap,” contends the Moosejaw class action lawsuit. “NaviStone’s code will also spy on the visitor as he or she browses the website, capturing and redirecting the visitor’s keystrokes, mouse clicks and other electronic communications to NaviStone.”

“NaviStone then uses this information to attempt to de-anonymize website visitors,” alleges the Moosejaw class action lawsuit.

NaviStone loads the information into another database, creating consumer profiles of individuals across the United States, Revitch says.

The plaintiff alleges that the company attempts to match consumer data across a variety of websites with NaviStone code.

In fact, alleges the Moosejaw class action lawsuit, NaviStone touts its ability to “unmask” anonymous users and even pinpoint their home addresses. It then sells this information to other companies.

“Indeed, on its own website, NaviStone boasts that it ‘invented progressive website visitor tracking technology,’ which allows it to ‘reach [] previously unidentifiable website visitors.’ According to NaviStone, ‘[b]y simply adding one line of code to each website page, you can unlock a new universe of ‘ready to engage’ customers,’” alleges the Moosejaw class action lawsuit.

The plaintiff says that by recording and attempting to identify consumers, Moosejaw and NaviStone violate California consumer protection and privacy laws.

The Moosejaw class action lawsuit seeks to represent a Class of California consumers whose electronic communications were picked up by NaviStone and Moosejaw while on the website.

The lead plaintiff is represented by L. Timothy Fisher, Joel D. Smith, Frederick J. Klorczyk III, and Scott A. Bursor of Bursor & Fisher PA.

The Moosejaw Website Wiretapping Class Action Lawsuit is Revitch v. New Moosejaw LLC, et al., Case No. 3:18-cv-06827-JCS, in the U.S. District Court for the Northern District of California.