Harriet Carter Gifts Class Action Says Website Collects Visitors’ Info

A class action lawsuit removed to federal court claims that Harriet Carter Gifts contracted Navistone to wiretap the retailer’s website to observe and record the action of online shoppers. 

Plaintiff Ashley Popa says she visited the Harriet Carter website numerous times over the last several months while shopping for products on the site.

She says that she never purchased any of the products from Harriet Carter, but entered information into Harriet Carter’s forms.

Allegedly, Harriet Carter and Navistone intercepted Popa’s IP address and her personally identifiable information (PII) while she visited the website, because Harriet Carter had hired Navistone to wiretap its website.

According to Popa, she did not consent to having her information and electronic communications intercepted by Harriet Carter and did not consent to have this information disclosed to Navistone.

Popa seeks damages on behalf of herself and all other people in Pennsylvania who visited Harriet Carter’s website and had their information and movements recorded without their consent.

The Harriet Carter class action lawsuit claims the companies violated the Pennsylvania Wiretap Act, which prohibits the procurement of another to intercept any wire, electronic, or local communication, and prohibits the disclosure of the contents of any wire, electronic, or oral communication that the discloser knew or should have known was obtained through the interception of a wire, electronic, or oral communication.

Allegedly, the Pennsylvania Wiretap Act also prohibits the intentional use of the contents of any wire, electronic, or oral communication that the discloser knew was obtained via wiretapping.

According to Popa, Harriet Carter procured Navistone to spy on its consumers, and installed Navistone code on its website. Allegedly, visitor information was collected as part of an effort to “de-anonymize visitors” to the site.

The Harriet Carter wiretapping class action lawsuit argues that this action violated site users’ privacy, as is recognized by Pennsylvania law.

Allegedly, web users believed that they could visit the Harriet Carter site without their information being intercepted, recorded, and disclosed.

According to Popa, users had an interest in keeping their activities on the site private and concluding their activities without interference.

The Harriet Carter class action claims online shoppers have a right to not have their personal information intercepted and utilized for business gain.

Popa calls Harriet Carter and Navistone’s actions “highly objectionable” to consumers if they had been made aware of these actions, and argues that the wiretapping was a breach of social norms that form the basis of the right to privacy.

The plaintiff is represented by Gary F. Lynch, Kelly K. Iverson, and Jamisen A. Etzel of Carlson Lynch LLP.

The Harriet Carter Gifts Wiretapping Class Action Lawsuit is Ashley Popa v. Harriet Carter Gifts Inc., et al., Case No. 2:19-cv-00450-PJP, in the U.S. District Court for the Western District of Pennsylvania.

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