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Home Depot uses software to monitor and record exactly what consumers are doing on its website, as though it were standing over a customer’s shoulder, a new class action lawsuit alleges.
In the class action lawsuit, which was removed to a Florida federal court Friday, Plaintiff Michael Fridman alleges Home Depot violates the state’s Security of Communications Act through using Quantum Metric session replay tools to “secretly observe and record” customer movements online.
“Technology like Quantum Metric’s is not only highly intrusive, but dangerous,” the class action states. Session replay tools allow companies to record a customer’s clicks, mouse movements and input of information.
The class action lawsuit cites a 2017 study by Princeton University that found session recording technologies like the one Home Depot allegedly uses were collecting sensitive user information such as passwords and credit card numbers.
“The research notes that this wasn’t simply the result of a bug, but rather insecure practices. Thus, technologies such as Quantum Metric’s leave users vulnerable to data leaks and the harm resulting therefrom.”
The class action says the session recording technology amounts to a wiretap of the electronic communications of anyone who visits the website homedepot.com. Fridman says the wiretaps are embedded in the computer code, and begin working as soon as a person accesses the website.
There is no opportunity for a customer to consent to the Home Depot privacy policy, and even then, the policy does not mention the session replay software being used, the claim states.
Fridman is seeking to represent anyone in Florida who visited the Home Depot website and had their screen session recorded without their consent.
He wants certification of the class action, damages, interest, restitution, fees, costs and a jury trial.
The class action lawsuit against Home Depot is similar to three lawsuits filed earlier this year in Florida against Old Navy, Banana Republic, and NortonLifeLock.
The three lawsuits accused the companies of, similar to the Home Depot lawsuit, violating the Florida Security of Communications Act by intercepting information about visitors to their websites without their knowledge or permission.
Those lawsuits were originally filed in state court in February but were removed to federal court in March.
In October 2020, a California man filed yet another similar suit against Cars.com, accusing the website of using technology to secretly record visitors’ activity in violation of California privacy laws.
How do you feel about companies recording your clicks and movements on their websites? Let us know in the comments!
Fridman is represented by Avi Robert Kaufman of Kaufman PA and Brian Levin of Levin Law PA.
The Home Depot Wiretapping Class Action Lawsuit is Fridman et al., v. The Home Depot Inc., Case No. 1:21-cv-21892, in the U.S. District Court for the Southern District of Florida.
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45 thoughts onHome Depot Wiretapped Shoppers, Class Action Lawsuit Claims
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PLEAS ADD ME TO YOUR SUIT I AGREE WITH EVERYONE HERE YOU CANT TRUST ANYONE THESE DAYS THANK YOU
Please add me I have experienced this with this company
Please add me I have experienced this problem with these guys
Add please
This is extreme dangerous and insane. Add me to the list
They should not be aloud to violate our privacy rights !! Please add me
No data should be allowed to be collected, period. Government is meant to protect citizens, not mega corporations. Maybe it is time to revisit corporations absolving their ridiculously overpaid executives from any liability by being considered “a person”?
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