Bass Pro class action claims website records visitors’ electronic communications

Bass Pro website class action lawsuit overview: 

• Who: Marilyn Hernandez filed a class action lawsuit against BPS Direct LLC, doing business as Bass Pro Shops. 
• Why: Hernandez claims Bass Pro violates Maryland law by allegedly wiretapping the electronic communications of its website visitors. 
• Where: The class action lawsuit was filed in Maryland federal court. 

Bass Pro Shops violates Maryland law by wiretapping the electronic communications of visitors to its online website, a new class action lawsuit alleges. 

Plaintiff Marilyn Hernandez claims Bass Pro has had third-party vendors embed snippets of session replay code into its website so that it can intercept its website visitors’ electronic communications. 

Hernandez argues Bass Pro and the session replay providers — including Microsoft Corp. — use the allegedly captured electronic communications to recreate a website visitors’ entire visit. 

Bass Pro’s “procurement of the Session Replay Providers to secretly deploy the Session Replay Code results is the electronic equivalent of ‘looking over the shoulder’ of each visitor to the (Bass Pro) website,” the class action alleges. 

Hernandez wants to represent a Maryland class of consumers who had their electronic communications captured by session replay software embedded into Bass Pro’s website. 

Capturing website visitors’ data crucial to Bass Pro success, class action says

Session replay software embedded into Bass Pro’s website allows the company to record in real time a website visitors’ mouse movements, keystrokes, clicks and the URLs of the pages they visit, among other things. 

Hernandez argues Bass Pro wants to capture its website visitors’ electronic communications to get a better understanding of its customer base. 

“In a consumer-driven world, the ability to capture and use customer data to shape products, solutions, and the buying experience is critically important to a business’s success,” the class action states. 

Hernandez claims Bass Pro is guilty of invasion of privacy and in violation of the Maryland Wiretap Act. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory, actual, compensatory, consequential, punitive and nominal damages for herself and all class members. 

A consumer filed a separate class action lawsuit against Bass Pro last year, arguing the company refuses to honor a lifetime warranty for its Redhead Lifetime Guarantee All-Purpose Wool Socks. 

Have you had your electronic communications wiretapped without your knowledge or consent? Let us know in the comments.

The plaintiffs are represented by James J. Pizzirusso and Steven M. Nathan of Hausfeld LLP, Katrina Carroll of Lynch Carpenter LLP, and Jonathan M. Jagher of Freed Kanner London & Millen LLC. 

The Bass Pro website class action lawsuit is Hernandez, et al. v. BPS Direct LLC, Case No. 1:23-cv-00413, in the U.S. District Court for the District of Maryland. 

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