Cheesecake Factory website class action overview:
- Who: A Cheesecake Factory consumer is suing the company.
- Why: The plaintiff says the company illegally recorded the actions of visitors to its website.
- Where: The Cheesecake Factory website class action was filed in a Maryland federal court.
A woman who visited the Cheesecake Factory website is suing the sweets company, alleging it illegally recorded her actions on its website without her permission.
Plaintiff Frances Curd filed the class action complaint against The Cheesecake Factory’s corporate owner, TCF Co. LLC, on Feb. 21 in a Maryland federal court, alleging violations of state and federal consumer law.
According to the lawsuit, The Cheesecake Factory operates the website thecheesecakefactory.com as a digital platform for individuals to engage with its brand and buy its products.
However, unbeknownst to those looking at the company’s website, it “intentionally procures and embeds” various session replay codes from third-party companies on its website to track and analyze consumer’s interactions, the lawsuit alleges.
Visitor’s electronic communications with The Cheesecake Factory’s website are recorded, including their mouse movements, clicks, keystrokes, URLs of web pages visited and more, the class action says.
The Cheesecake Factory’s actions amount to ‘looking over the shoulder’ of each visitor, lawsuit alleges
After intercepting and capturing users’ visits to the website, The Cheesecake Factory uses them to recreate entire visits to the website, and uses that data to improve its sales and marketing, the lawsuit states.
This amounts to “the electronic equivalent of ‘looking over the shoulder’ of each visitor to The Cheesecake Factory website for the entire duration of their website interaction,” Curd alleges. It is illegal without a person’s express consent, the class action argues.
Curd is looking to represent anyone in Maryland whose visits to thecheesecakefactory.com were recorded.
The plaintiff is suing for violations of the Maryland Wiretap Act and for invasion of privacy. She seeks damages, fees, costs and a jury trial.
Meanwhile, Bass Pro Shops violates Maryland law by wiretapping the electronic communications of visitors to its online website, a new class action lawsuit alleges.
What do you think of the allegations against The Cheesecake Factory in this case? Let us know in the comments.
Curd is represented by James J. Pizzirusso and Steven M. Nathan of Hausfeld LLP, Katrina Carroll of Lynch Carpenter LLP and Jonathan M. Jagher of Freed Kanner London & Millen LLC.
The Cheesecake Factory class action lawsuit is Frances Curd, et al. v. TCF Co. LLC d/b/a The Cheesecake Factory, Case No. 1:23-cv-00472, in the U.S. District Court for the District of Maryland.
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