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Carhartt class action overview:
- Who: A Carhartt website user is suing the clothing brand.
- Why: The plaintiff says the company illegally observed and recorded his actions on its website for its own gain.
- Where: The Carhartt class action was filed in a California federal court.
Carhartt illegally “looks over the shoulder” of potential customers who are browsing its website, in order to access a “gold mine” of consumer data, a new class action lawsuit alleges.
Gregory Moore Jr. filed the class action lawsuit against Carhartt Inc. on Jan. 26 in a California federal court, alleging violations of the Wiretap Act and state privacy laws.
According to the lawsuit, Carhartt intercepted consumers’ electronic communications through the use of “session replay” spyware that allowed it to read, learn the contents of, and make reports on customers’ actions on its website, carhartt.com.
This is done through Carhartt’s procurement of third-party vendors, such as Quantum Metric, that embed snippets of JavaScript computer code on its website that then deploys on each website visitor’s internet browser, Moore says.
The moment anyone visits the Carhartt website, the clothing brand is “watching, intercepting, and recording the website visitor’s electronic communications” with the site, the lawsuit alleges.
This includes mouse movements and clicks, keystrokes, search items, information inputted into the website, and pages and content viewed while visiting the website, the class action says.
Carhartt ‘looked over the shoulder’ of website users without their permission, lawsuit alleges
After intercepting a website user’s communications, Carhartt views, in real time, their entire visit to the website, Moore says.
“The surreptitious interception, recording, and review of Plaintiff’s and Class Members’ communications is the electronic equivalent of ‘looking over the shoulder’ of each visitor to the website for the entire duration of the user’s website interaction.”
The information the company gathers is a “goldmine of digital data” that allows companies to make business decisions based on consumer actions, Moore adds.
The plaintiff seeks to represent anyone in the United States whose communications were intercepted by Carhartt or its agents, plus two California subclasses. He is suing for violations of the Wiretap Act and violations of California privacy laws.
He seeks certification of the class action, damages of up to $10,000 per person under the Wiretap Act and $5,000 per violation under the California Penal Code, fees, costs and a jury trial.
A recent class action lawsuit filed against HP Inc. claims the company’s “session replay” technology is spyware that allows the company to read, learn the contents of and make reports on consumers’ interactions on the HP website.
What do you think of the allegations against Carhartt? Let us know in the comments.
The plaintiff is represented by Joshua B. Swigart of Swigart Law Group and Daniel G. Shay of the Law Office of Daniel G. Shay.
The Carhartt class action lawsuit is Gregory Moore Jr., et al. v. Carhartt Inc., Case No. 3:23-cv-00145-L-DEB, in the U.S. District Court for the Southern District of California.
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11 thoughts onCarhartt class action claims company uses session replay software to view customer communications
That’s really shady that they stalked all of us even if we didn’t order. Any company that illegally watches us should really be hit with large fines & large payouts to the people that they have betrayed. Money seems to be the only thing that teaches the unscrupulous companies is hitting them hard financially. Seems like every day someone is taking advantage of us.
Please add me
Please add me too
I’ve purchased many clothing items from Carhartt over the years through their online website.
Add me please. I’ve purchased pants from their website. This kind of thing has gotten way out of hand!
Add me
Unbelievable pls add me
I bought from them this year and it was very expensive outfits.
I do not know how to find out if they have my data and when and if
they used the spyware.
Ive been using Carharrt clothes before these schemers on in the corperate office were born and disappoint they engage in these negative practices but have been caught count me in on this. They make virtually no American made products anymore and that was their one strength.
Not to worry or surprise anyone but this has become common practice from these corporate bums. I would say at a minimum 65% of corporate websites have this sort of or more commonly a highly and easily detectable spyware and they do it purely for profit with complete disregard for your privacy, financial situation , or mental stability with smiles. For instance, your on a site and you begin typing your information into the blocks yet you decide against any services from wherever your looking . You don’t pust enter or any sort of click that would get you a response. Yet within 10 min your phone starts ringing profusely with an abundance of annoying sales bums or some sort. I’ve plain tossed out the dang phone and got new number. Completely a tactic of terrorist accord. Fry em. They will not stop until the ROI is not there and that time is not in the near future.
Yes I buy a lot of crhrt and this is wrong