Delta class action alleges website intercepts, records website visitors’ electronic communications

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Delta website class action overview: 

• Who: A consumer hit Delta Airlines with a class action lawsuit. 
• Why: The plaintiff says Delta illegally wiretaps the electronic communications of visitors to its website. 
• Where: The Delta website class action was filed in a Pennsylvania federal court.

Plaintiff Ryan Emmett filed the class action lawsuit against Delta Air Lines Inc. on Nov. 4 in a Pennsylvania federal court, alleging the airline’s website of the Pennsylvania Wiretapping and Electronic Surveillance Control Act.

According to the lawsuit, Delta wiretaps the electronic communications of visitors to its website, delta.com. 

Emmett alleges that Delta procures third-party vendors to embed snippets of JavaScript computer code on its website, which then deploys on each website visitor’s internet browser for the purpose of intercepting and recording the website visitor’s electronic communications.

People browsing the site do not realize Delta views and records their mouse movements, clicks, keystrokes and more in real-time to create a full session replay of their browsing session on the Delta website, Emmett alleges.

“However, unbeknownst to the millions of individuals perusing Delta’s website, Delta intentionally procures and embeds various Session Replay Codes from Session Replay Providers on its website to track and analyze website user interactions with www.delta.com,” the Delta class action says. 

Delta class action claims airline ‘looks over the shoulder’ of website visitors

Delta’s secret deployment of the session replay code results in the electronic equivalent of “looking over the shoulder” of each visitor to the Delta site for the duration of their site interaction, the Delta class action alleges.

Delta’s conduct violates the Pennsylvania Wiretapping and Electronic Surveillance Control Act and constitutes an invasion of the privacy rights of website visitors, Emmett says.

He looks to represent all Pennsylvania citizens whose online communications were intercepted by Delta on its site. 

He also seeks certification of the class action, as well as damages, fees, costs and a jury trial. 

A consumer recently hit Cabela’s with a similar class action lawsuit alleging it secretly wiretaps the electronic communications of its website visitors.

Have you visited Delta’s website? Let us know your thoughts on these claims in the comments! 

The plaintiff is represented by Gary F. Lynch, Kelly K. Iverson, Jamisen A. Etzel, Elizabeth Pollock-Avery, Nicholas A. Colella and Patrick D. Donathen of Lynch Carpenter LLP.

The Delta class action lawsuit is Ryan Emmett v. Delta Airlines Inc., Case No. 2:22-cv-01568-RJC, in the U.S. District Court for the Western District of Pennsylvania.

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