Cabela’s, True Value website class action overview:
- Who: Cabela’s and True Value face twin class action lawsuits filed by the same consumer.
- Why: The plaintiff claims both companies wiretap visitor communications on their respective websites.
- Where: The Cabela’s and True Value class action lawsuits were both filed in Pennsylvania federal court.
Cabela’s and True Value face twin class action lawsuits filed by a consumer who claims both companies wiretap the communications of visitors to their websites, in violation of the law.
Plaintiff Brian Calvert filed the near-identical class action lawsuits Oct. 14 against True Value Co. LLC and Cabela’s LLC in Pennsylvania federal court, alleging violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act and privacy laws.
According to the lawsuits, the hardware retailer and the outdoor supplies retailer both illegally embed session replay code on their websites that allows them to spy on customers using the sites.
The websites involved in the allegations are truevalue.com and cabelas.com.
Cabela’s, True Value class actions claim websites secretly ‘look over the shoulder’ of customers
Both True Value and Cabela’s procure third-party vendors such as Microsoft Corp. to embed snippets of JavaScript computer code on their websites, which then deploys on each website visitor’s internet browser for the purpose of intercepting and recording the website visitor’s electronic communications with the site, the True Value and Cabela’s class action lawsuits allege.
The information recorded allegedly includes mouse movements, clicks, keystrokes (such as text being entered into an information field or text box) and URLs of web pages visited.
After intercepting and capturing the information, True Value, Cabela’s and the session-replay providers use it to recreate website visitors’ entire visit to the websites for analysis, the Cabela’s and True Value class action lawsuits claim.
“[The defendants’] procurement of the Session Replay Providers to secretly deploy the Session Replay Code results in the electronic equivalent of ‘looking over the shoulder’ of each visitor to the [website] for the entire duration of their website interaction,” Calvert says in the lawsuits.
The conduct constitutes an invasion of the privacy rights of website visitors, the Cabela’s and True Value class action lawsuits state.
The class actions argue session-replay code may capture data the user did not intentionally transmit to a website during a visit and may then make that data available to website owners when they access the session replay.
For example, if a user writes information into a text form field, but then chooses not to click a “submit” or “enter” button on the website, the session-replay code may nevertheless record the non-submitted text, the True Value and Cabela’s class action lawsuits state.
Calvert looks to represent all Pennsylvania citizens whose website communications were intercepted through either Cabela’s or True Value’s procurement and use of session-replay code embedded on their webpages.
He seeks certification of both class actions, damages, fees, costs and a jury trial.
Cabela’s was in the news earlier this year for a recall.
In July, Westfield Outdoor issued a tent recall for around 5,050 Cabela’s Outdoor and Big Horn tents over concerns related to smoke inhalation.
What do you think of the wiretapping claims made against True Value and Cabela’s in these class action lawsuits? Let us know in the comments.
In both cases, the plaintiff is represented by Gary F. Lynch, Kelly K. Iverson, Jamisen A. Etzel, Elizabeth Pollock-Avery, Nicholas A. Colella and Patrick D. Donathen of Lunch Carpenter LLP.
The True Value class action lawsuit is Brian Calvert v. True Value Co. LLC, Case No. 2:22-cv-01461-WSH, in the U.S. District Court for the Western District of Pennsylvania.
The Cabela’s class action lawsuit is Brian Calvert v. Cabela’s LLC, Case No. 2:22-cv-01460-WSH, in the U.S. District Court for the Western District of Pennsylvania.
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