Katherine Webster  |  November 12, 2020

Category: Legal News

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carnival cruise ship

A California man has filed a class action lawsuit alleging Carnival Corp. monitors the activity of visitors to the Carnival website.

The lead plaintiff in the case claims the Carnival website has a wiretap embedded in its JavaScript coding that is used to “secretly observe and record” the keystrokes, mouse clicks and other activity of visitors to the site, including the entry of their personally identifiable information.

According to the plaintiff, this constitutes a violation of the California Invasion of Privacy Act (CIPA).

In his class action lawsuit, the plaintiff says he has visited the Carnival website many times, most recently around August.

During those visits, software belonging to Mouseflow — also named as a defendant in the class action lawsuit — allegedly captured video of the plaintiff’s keystrokes and mouse clicks as he navigated the site.

This information, in addition to data about the lead plaintiff’s location and the type of device he was using, “was intercepted in real time and disclosed to Mouseflow,” the class action lawsuit alleges.

The plaintiff says not only did he never consent to this use of his information, he was unaware it was happening as he visited the Carnival website.

According to the class action lawsuit, Mouseflow enters into “voluntary partnerships” with more than 165,000 client companies, providing them with its software.

One of those clients is Carnival, the plaintiff says.

Carnival allegedly embedded Mouseflow’s JavaScript code on the Carnival website voluntarily, the class action lawsuit alleges.

Mouseflow records users’ activity, then “transfers those videos to its server hosting the Mouseflow platform,” the class action claims.

On its website, Mouseflow says it “helps enterprises like … Carnival, and many more to gain valuable insights about their website visitors’ journey and conversions,” the class action lawsuit says

Several similar class action lawsuits have been filed recently, alleging companies illegally wiretap their own websites to capture user activity.

A California plaintiff has filed a class action lawsuit against Cars.com, claiming the company uses technology to secretly record visitors’ activity on its website, violating CIPA.

He alleges Cars.com used tech company Jornaya’s services to track his activity on the website earlier this year.

is carnival cruise's website wiretapping visitors?

Weight-loss plan company Noom and a software company it partnered with also face a class action lawsuit alleging similar website visitor tracking.

The plaintiffs in that case claim Noom’s website instructs visitors to fill out information such as their height, weight and age, then catalogues and tracks customers using that data through its partner FullStory, a marketing analytics company.

And more recently, General Motors (GM) and Decibel, a marketing software firm partnering with the automaker, were named as defendants in a class action lawsuit presenting similar claims of privacy violation.

In that class action lawsuit, two California residents say they each visited Chevrolet.com and found that software embedded on the site collected their activity without them giving consent.

With his class action lawsuit against Carnival, the lead plaintiff is seeking to represent a Class consisting of all California residents who visited the Carnival website “and whose electronic communications were intercepted or recorded by Mouseflow.” 

The plaintiff demands a jury trial and seeks an order declaring the defendants’ conduct unlawful, statutory damages, prejudgment interest on all awarded amounts, injunctive relief as the Court deems appropriate and an award of reasonable attorneys’ fees and court costs.

Have you visited the Carnival website? Are you worried about your activity being monitored? Let us know in the comments section.

The plaintiffs are represented by L. Timothy Fisher, Joel D. Smith and Scott A. Bursor of Bursor & Fisher PA. 

The Carnival Website Wiretap Class Action Lawsuit is Daniel Onn, et al. v. Carnival Corp., et al., Case No. 5:20-cv-07929, in the U.S. District Court for the Northern District of California.

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40 thoughts onCarnival Class Action Lawsuit Alleges Invasion of Privacy

  1. Angela Garr says:

    Please add me

  2. Loretta says:

    I live in Oregon but was in California most my life. I’ve noticed after visiting Carnival, I started getting ads and email for areas I was searching. I also just canceled a cruise with them when they upped the price after I reserved, dropped the free items and then refused to fix it. I’m done with that cruise line.

  3. HAZEL TAYLOR says:

    Add me

  4. Cedric Nash says:

    Add me please

  5. DARRYL ROBERTSON says:

    Add me

  6. Mary Miller says:

    PLEASE ADD ME ALSO USED IT QUITE OFTEN

  7. Dwayne Miller says:

    PLEASE ADD ME TOO CAUSE i HAVE USED IT MULTIBLE TIMES ALSO

  8. Mary Shoback says:

    Please add me who knew thank you very much

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