Home Depot class action claims website spies on customers’ electronic communications

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Home Depot website class action lawsuit overview: 

• Who: David Kauffman filed a class action lawsuit against The Home Depot Inc. 
• Why: Kauffman claims Home Depot illegally records, reads, and makes reports of the electronic communications made by its website visitors. 
• Where: The class action lawsuit was filed in California federal court. 

Home Depot illegally intercepts the electronic communications of its website visitors without their knowledge or consent, a new class action lawsuit alleges. 

Plaintiff David Kauffman claims Home Depot uses embedded session replay software to record, read, learn the contents of, and make reports of the interactions made by its website visitors. 

Kauffman argues the session replay software allows Home Depot and its third-party vendors to “view in realtime users’ entire visit to Defendant’s website.” 

“The surreptitious interception, recording, and review of (website visitors) communications is the electronic equivalent of ‘looking over the shoulder’ of each visitor to the website for the entire duration of the user’s website interaction,” the Home Depot class action states. 

Kauffman wants to represent a nationwide class and California class of individuals who had their communications intercepted by Home Depot or a third-party it procured, and a California class of individuals who had their cellular communications recorded by Home Depot or its agents. 

Additionally, Kauffman wants to represent a California class of individuals “whose communications were tapped by a person Defendant aided, agreed with, employed, or conspired to tap.” 

Home Depot intercepted electronic communications to read, understand website visitors’ movements, says class action

Home Depot intercepted and recorded its website visitors’ mouse movements, search terms, clicks, keystrokes, information inputted, and the pages and contents they viewed, the Home Depot class action alleges. 

“Defendant intentionally tapped and made unauthorized interceptions and connections to Plaintiff’s and Class Members’ electronic communications to read and understand movement on the website,” the Home Depot class action states. 

Kauffman claims Home Depot violated the Wiretap Act and the California Invasion of Privacy Act. He is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory, actual, and punitive damages for himself and all class members. 

The multinational home improvement retail corporation was also in the news last October after a federal judge in Georgia dismissed a class action lawsuit accusing Home Depot of mismanaging its employees’ retirement savings. 

Have you had your electronic communications intercepted and recorded without your knowledge or consent? Let us know in the comments! 

The plaintiff is represented by Joshua B. Swigart of Swigart Law Group and Daniel G. Shay of the Law Office of Daniel G. Shay. 

The Home Depot website class action lawsuit is Kauffman, et al. v. The Home Depot, Inc., Case No. 3:23-cv-00259, in the U.S. District Court for the Southern District of California.

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