Cabela’s class action alleges website records customer communications

Cabela’s website recording class action lawsuit overview: 

• Who: Peter Montecalvo filed a class action lawsuit against Cabela’s Inc. 
• Why: Montecalvo claims Cabela’s secretly wiretaps the electronic communications of its website visitors. 
• Where: The class action lawsuit was filed in Massachusetts federal court. 

Cabela’s secretly wiretaps the electronic communications of its website visitors, a new class action lawsuit alleges. 

Plaintiff Peter Montecalvo claims Cabela’s has third-party vendors install JavaScript code on its website that allows it to intercept and record website visitors’ mouse movements, clicks and keystrokes, among other things, in real time. 

Montecalvo argues the retail company’s alleged use of what is known as the Session Replay Code is akin to  “‘looking over the shoulder” of each visitor to the Cabela’s website for the entire duration of their interaction.

Cabela’s is accused of violating the Massachusetts Wiretapping Statute and invading the privacy rights of its website visitors. 

Cabela’s class action claims website data has ‘immense economic value’ 

Cabela’s is allegedly interested in seeing the actions of its website visitors due to their belief that the data has “immense economic value,” the Cabela’s class action alleges. 

Montecalvo claims Cabela’s wants to use the data it allegedly collects to “improve customer experiences, refine their marketing strategies, capture data to sell it and even to secure more sensitive consumer data.” 

“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 Cabela’s class action states. 

Montecalvo demands a jury trial and requests declaratory and injunctive relief along with an award of statutory, actual, compensatory, consequential, punitive and nominal damages for himself and all class members. 

He wants to represent a Massachusetts class of consumers who had their website communications intercepted by Cabela’s through its alleged use of Session Replay Code.

A consumer filed a similar class action lawsuit against Michaels Stores last month, arguing the company uses “session replay” software to intercept the interactions of its website visitors. 

Have you had your electronic communications intercepted and recorded? Let us know in the comments! 

The plaintiff is represented by Joseph P. Guglielmo, Carey Alexander and Ethan S. Binder of Scott+Scott Attorneys at Law LLP and Brian C. Gudmundson, Michael J. Laird and Rachel K. Tack of Zimmerman Reep LLP. 

The Cabela’s website class action lawsuit is Montecalvo v. Cabela’s Inc., Case No. 1:22-cv-11837, in the U.S. District Court for the District of Massachusetts. 

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