Bloomingdale’s class action alleges company wiretaps customers’ electronic communications

Bloomingdale’s class action lawsuit overview:

• Who: Plaintiff Ann Jones filed a class action lawsuit against Bloomingdales.com LLC.
• Why: Bloomingdale’s allegedly intercepts customers’ electronic communications on its website without their knowledge or consent.
• Where: The Bloomingdale’s class action lawsuit was filed in Missouri federal court.

Bloomingdales.com LLC secretly intercepts customers’ electronic communications when they visit the retailer’s website in violation of Missouri’s wiretapping law, according to a recent class action lawsuit.

Through third-party vendors, Bloomindale’s allegedly embeds snippets of JavaScript code (which the Bloomingdale’s class action lawsuit calls “Session Replay Code”) on its website, which allows for the interception and recording of the website visitor’s mouse movements, keystrokes, clicks and other real-time interactions.

After capturing a user’s website interactions, the third-party vendors can deploy the Session Replay Code to recreate the customer’s entire visit to the Bloomingdale’s website, creating a video replay of the user’s visit, the Bloomingdale’s class action states The third-party vendors reportedly provide this session replay video to Bloomingdale’s for analysis.

Although Session Replay Code can be used for legitimate purposes, the indiscriminate data capturing can expose highly sensitive information, such as medical conditions, credit card information and other personal information entered on a webpage, the Bloomingdale’s class action lawsuit explains.

Bloomingdale’s class action says Session Replay violates privacy laws

Plaintiff Ann Jones says the session replay videos “results in the electronic equivalent of ‘looking over the shoulder’ of each visitor to the Bloomingdale’s website for the entire duration of their website interaction.”

The Bloomingdale’s class action lawsuit alleges this conduct violates the Missouri Wiretap Act and the privacy rights of individuals who visit the retailer’s website. It also states that website user data is extremely valuable because companies can use the information to improve customer experiences and marketing strategies. They can also make money by selling the data, according to the lawsuit.

Consumers are concerned about data privacy and expect to have it when they interact with a website, according to the Bloomingdale’s class action lawsuit. Jones points to reports that show most website users expect that their interactions will not be shared with unrelated third-parties.

Jones seeks to represent herself and a proposed class of people in Missouri whose website interactions were captured through the use of Session Replay Code embedded in the Bloomindale’s website.

Bloomingdale’s is not the only retailer to face allegations it secretly intercepts customers’ interactions with its website. Earlier this month, Casper Sleep was hit with a similar invasion of privacy class action lawsuit challenging its use of keystroke monitoring software on its website.

What do you think of the allegations that Bloomingdale’s website records customer interactions? Let us know in the comments!

Jones is represented by Tiffany Marko Yiatras of Consumer Protection Legal LLC, Bryan L. Bleichner of Chestnut Cambronne PA and Kate M. Baxter-Kauf, Karen Hanson Riebel and Maureen Kane Berg of Lockridge Grindal Nauen PLLP.

The Bloomingdale’s class action lawsuit is Ann Jones v. Bloomingdales.com LLC, Case No. 4:22-cv-01095, in the U.S. District Court for the Eastern District of Missouri, Eastern Division.

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