Abraham Jewett  |  March 3, 2023

Category: Legal News

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Online communications recording class action lawsuits overview: 

  • Who: Consumers recently filed class action lawsuits against Home Depot, Bass Pro Shops, Noom Inc., Ring LLC and Carnival Corporation. 
  • Why: The companies allegedly recorded the online communications of their website visitors without their knowledge or consent.
  • Where: The class action lawsuits have collectively been filed in California and Maryland federal courts.

Consumers recently filed multiple class action lawsuits against companies accused of unlawfully recording the online communications of their website visitors. 

Consumers claim the companies, including Home Depot, Bass Pro Shops, Noom, Ring and Carnival, fail to get their consent before covertly wiretapping online communications on their websites. 

The companies are collectively accused of violating federal and state laws revolving around illegal wiretapping and invasion of privacy. 

Home Depot accused of illegally recording website visitors’ actions

A consumer filed a class action lawsuit against Home Depot in February, arguing the company illegally records, reads and creates reports of the electronic communications of its website visitors. 

The consumer behind the class action lawsuit claims Home Depot fails to get consent from its website visitors prior to allegedly illegally intercepting their online communications. 

Home Depot is accused of embedding session replay software into its website that enables it to allegedly record, read, learn the contents of and report the interactions its website visitors make. 

“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. 

Bass Pro Shops wiretapped electronic communications of website visitors, class action says

Bass Pro Shops also faced a class action lawsuit in February filed by a consumer arguing the company violates the law by allegedly wiretapping the electronic communications of website visitors. 

The consumer behind the class action lawsuit claims Bass Pro violates the Maryland Wiretap Act by allegedly using third-party vendors to embed session replay code into its website so it can track visitors. 

Bass Pro is accused of using the allegedly recorded online communications to create a complete reenactment of a website visitor’s time on its website to improve its business model.

“In a consumer-driven world, the ability to capture and use customer data to shape products, solutions and the buying experience is critically important to a business’s success,” the Bass Pro class action states.  

Noom enlisted third-party companies to embed session replay software, class action says

Also in February, a consumer filed a class action lawsuit against Noom Inc., arguing the company failed to get permission before allegedly recording the electronic communications of its website visitors. 

The consumer behind the class action lawsuit claims Noom covertly records the electronic communications, including mouse movements and keystrokes, among other things, of “millions” of website visitors. 

Noom is accused of enlisting third-party companies to embed session replay code on its website that allows it to both track and analyze the electronic communications of the visitors to its website. 

Ring accused of failing to get consent prior to allegedly secretly wiretapping private chats 

A consumer also filed a class action lawsuit against Ring LLC in February, arguing the company both secretly and unlawfully wiretaps the private communications of individuals who use its website’s chat feature. 

The consumer behind the class action lawsuit claims Ring fails to obtain consent from its website visitors prior to allegedly wiretapping their conservations conducted on its website chat feature. 

Ring is also accused of allowing at least one third-party to eavesdrop in real time on the allegedly wiretapped chat feature conversations, in addition to embedding code that both records and creates a transcript of what is said. 

The consumer claims Ring ultimately violates the California Invasion of Privacy Act (CIPA) by failing to obtain consent prior to allegedly wiretapping and allowing third-party eavesdropping on their chat feature communications. 

“The (CIPA) prohibits both wiretapping and eavesdropping of electronic communications without the consent of all parties to the communication,” the Ring class action states. 

Carnival accused of violating federal wiretapping law by secretly recording website visitors’ actions

Also in February, a consumer filed a class action lawsuit against Carnival Corporation, arguing the company violates federal and state law by allegedly secretly recording the online communications of its website visitors. 

The consumer behind the class action lawsuit claims Carnival uses third-party vendors, such as Microsoft, to embed session replay code on its website that allegedly allows it to record the actions of its website visitors. 

“Carnival’s procurement of the Session Replay providers to secretly deploy the Session Replay Code results in the electronic equivalent of ‘looking over the shoulder’ of each visitor to the Carnival’s website for the entire duration of their website interaction,” the Carnival class action states. 

Carnival is accused of violating CIPA along with the federal Wiretap Act

Have you had your online activity recorded without your knowledge or consent? Let us know in the comments! 


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83 thoughts onHome Depot, Ring, others allegedly record website visitors’ online communications

  1. Brenda says:

    Reply

  2. CRYSTAL L DENISON says:

    I frequently visit these sites, please add me

  3. Valerie says:

    Please add me to Macy’s and Home Depot. I frequent both websites weekly.

  4. jakebennett says:

    Please sign me up for the lowes, michaels, etc retailers who collected my information

  5. Paula Locke says:

    Add my

  6. Emily Bondarenko says:

    I’m on the Macy’s website all the time, please add me as well

  7. Deenean Brown says:

    PLEASE ADD ME TO RING AND HOME DEPOT

    1. Theresa R Parker says:

      Please add me

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