Class actions accuse companies of recording browser, chat activity

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Browser recording class action lawsuits overview: 

• Who: Hot Topic, Meta Platforms, Michaels, Pet Supplies Plus, Microsoft, GameStop, Zillow, Lowes and Expedia faced claims this month that they track their website visitors’ browser activity. 
• Why: Consumers accuse the companies of secretly tracking the activity, with some allegedly sharing the information with third parties. 
• Where: The alleged browser recording occurs nationwide. 

Consumers filed several class action lawsuits this month against companies accused of not obtaining consent before allegedly unlawfully recording and then often sharing the activity of their website users with third parties like Facebook. 

Consumers have argued that companies, including Hot Topic, GameStop and Zillow, among others, use software to track, record and share both the private browsing activities and chat conversations of website visitors. 

The companies allegedly share the browser activity with third-party companies such as Facebook to help monetize data and increase the effectiveness of things like targeted advertising, consumers argue. 

Hot Topic accused of secretly wiretapping website visitors for financial gain 

A Hot Topic customer filed a class action lawsuit against the company earlier this month, claiming the company illegally recorded the chat conversations of individuals who used its website’s chat function. 

The customer behind the complaint argues Hot Topic uses a third-party company to secretly wiretap the communications of its website visitors to harvest their data for its own financial benefit. 

The lawsuit accuses Hot Topic of secretly embedding a code into the chat feature on its website that allows the company to automatically record and create a transcript of a private chat conversation. 

“Visitors would be shocked and appalled to know that Defendant secretly records those conversations and pays a third party to eavesdrop on them in real time under the guise of ‘data analytics,’” the Hot Topic class action states. 

Meta class action alleging browser recording filed this month

Also this month, a class action lawsuit filed against Meta Platforms Inc. alleges that the company intercepts, monitors and records the private browser activity of users through its Facebook app. 

The consumers behind the class action lawsuit allege Meta reroutes users who click on a link to an external website to its own in-app browser to covertly intercept data it allegedly uses to help with ad revenue and for-profit data mining. 

The consumers behind the class action lawsuit claim Meta, through JavaScript code, intercepts data, including text entries, passwords and other confidential and personally identifiable info. 

Meta does not inform Facebook users, including those who opt out of tracking, that it monitors and records their activity outside of the app, the Meta class action alleges. 

Michaels class action accuses retailer of using ‘session replay’ software 

A consumer filed a class action against Michaels Stores Inc. earlier this month for allegedly using “session replay” software to unlawfully intercept customer interactions on its website. 

The consumer behind the complaint alleges the software used by Michaels is not a traditional cookie or analytics tool but rather a “sophisticated computer software” that allows it to track website users in many ways. 

Michaels allegedly uses the data to create what amounts to a video replay of a customer’s entire visit to its website. 

The consumer argues that if personal information were to be leaked, Michaels website users would be at risk at a number of privacy risks, including identity theft and various online scams. 

Pet Supplies Plus allegedly uses Microsoft to track website visitors 

Also this month, Pet Supplies Plus and Microsoft faced allegations from one of Pet Supplies’ customers that the companies worked together to secretly wiretap visitors to Pet Supplies Plus’ website. 

The customer argues that Pet Supplies Plus has Microsoft and other third-party vendors embed JavaScript coding on its website that allows it to record the browser activity of its website visitors. 

The customer accuses Pet Supplies Plus of using the code to track electronic communications such as mouse movements, keystrokes and alleges Microsoft wiretaps the visitors of all of its clients’ websites, including Pet Supplies Plus. 

“After intercepting and capturing the Website Communications, PSP and Session Replay Providers use those Website Communications to recreate website visitors’ entire visit to www.petsuppliesplus.com,” the Pet Supplies Plus class action states. 

GameStop class action claims retailer shares private conversation transcripts with third-party data harvester 

Meanwhile, a consumer alleges GameStop secretly creates transcripts of private conversations conducted on the chat function of its website before sharing them with a third-party data harvester. 

The consumer argues GameStop shares the secret transcripts with Zendesk, a third-party company that he says is known for boasting about its data-harvesting prowess. 

GameStop customers would be “shocked and appalled” if they knew the company secretly records their conversations, according to the GameStop class action, which argues the company engages in conduct that is both “illegal and offensive.” 

“Given the nature of Defendant’s business, website visitors typically share highly personal and sensitive data with Defendant when using the website chat feature,” the GameStop class action states. 

Zillow, Lowes, Expedia allegedly use spyware to track website visitor interactions

Also this month, Zillow, Lowes and Expedia each faced class action lawsuits arguing they used spyware to covertly track the interactions of users on their respective websites. 

The consumer behind each of the three individual complaints alleged Zillow, Lowes and Expedia used a spyware known as “session replay” to intercept website interactions such as keystrokes and mouse movements, among other things. 

What do you think of the allegations claiming companies record users’ browser activity and website interactions? Let us know in the comments! 

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