Jessy Edwards  |  October 13, 2022

Category: Privacy

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Casper website wiretap overview: 

  • Who: A California woman is suing Casper Sleep.
  • Why: The plaintiff says the company secretly and illegally records the communications of visitors to its website, without gaining prior consent.
  • Where: The Casper website lawsuit has been removed to a California federal court.

Casper Sleep secretly and illegally records the communications and keystrokes of visitors to its website, a recent class action lawsuit alleges.

Plaintiff Arisha Byars filed the class action complaint against Casper Sleep Inc. on July 22 in a California superior court, alleging violations of the California Invasion of Privacy Act (CIPA). 

On Oct. 12, Casper filed a notice to remove the lawsuit to a California federal court. 

The lawsuit alleges Casper Sleep partakes in illegal wiretapping of customers’ electronic communications on its website, casper.com.

“Unbeknownst to visitors to the Website, Defendant has secretly deployed ‘keystroke monitoring’ software that Defendant uses to surreptitiously intercept, monitor, and record the communications… of all visitors to its Website,” the Casper website lawsuit states. 

“Defendant neither informs visitors nor seeks their express or implied consent prior to this wiretapping.”

Casper secretly deployed wiretapping software on its website, lawsuit alleges

Casper has installed software on its website that allows it to surreptitiously record every aspect of a visitor’s interaction with the website, including keystrokes, mouse clicks, data entry and other electronic communications, Byars alleges. 

“Defendant’s actions amount to the digital equivalent of both looking over a consumer’s shoulder and eavesdropping on a consumer’s conversation,” she claims.

She says, within the past year, Byars visited the company’s website and communicated with an entity she believed to be an actual human customer service representative. 

“In reality, Defendant’s Website utilizes a sophisticated ‘chatbot’ that convincingly impersonates an actual human that encourages consumers to share their personal information,” the lawsuit alleges. 

“At the same time, the Defendant simultaneously records and stores the entire conversation using secretly embedded wiretapping technology.”

All of this was done illegally without customers’ express consent, Byars alleges. 

She is looking to represent anyone in California who visited the Casper website within the past year and whose electronic communications were intercepted and recorded without their consent.

The plaintiff is seeking certification of the class action, damages, fees, costs and a jury trial. 

In 2018, Casper Sleep was hit with a class action lawsuit alleging the mattress store illegally collected information on its website by using wiretaps. The case was ultimately dismissed at the request of the plaintiff.

Have you used the Casper website? Let us know what you think of these wiretap allegations in the comments. 

The plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The Casper Sleep wiretap class action lawsuit is Arisha Byars, et al. v. Casper Sleep Inc., et al., Case No. 5:22-cv-01801-JGB-KK, in the U.S. District Court for the Central District of California. 


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