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LensCrafters class action overview:
- Who: A LensCrafters customer has sued the eyewear company.
- Why: The plaintiff says the company illegally records the private conversations of consumers using the chat function on its website.
- Where: The LensCrafters class action lawsuit was filed in a California federal court.
LensCrafters secretly wiretaps the private conversations of everyone who communicates through the chat feature on its website, a new class action lawsuit alleges.
Plaintiff Miguel Licea filed the class action lawsuit against Luxottica of America Inc. on Oct. 16 in a California federal court, alleging violations of the California Invasion of Privacy Act (CIPA).
According to the lawsuit, the eyewear company monitors communications that come through its website, lenscrafters.com, and allows at least one third party to eavesdrop on such communications in real time and “harvest data for financial gain.”
Licea says LensCrafters does not obtain visitors’ consent to either the wiretapping or the eavesdropping.
“As a result, Defendant has violated CIPA in numerous ways.”
LensCrafters allegedly enables wiretapping through ‘covertly embedded code’
CIPA prohibits wiretapping and eavesdropping on electronic communications without the consent of all parties to the communication, Licea states.
Compliance with the act is easy, and the vast majority of website operators comply by conspicuously warning visitors when their conversations are being recorded or if third parties are eavesdropping on them, he adds.
“Unlike most companies, Defendant ignores CIPA,” the lawsuit alleges.
To enable the wiretapping, LensCrafters covertly embedded code into its chat feature that automatically records and creates conversation transcripts, Licea says.
This allows at least one independent third-party vendor, which Licea believes to be Genesys, to secretly intercept chat communications with unsuspecting website visitors — even when such conversations are private and deeply personal, he says.
“Visitors would be shocked and appalled to know that Defendant secretly records those conversations, and would be even more troubled to learn that Defendant allows a third party to eavesdrop on the conversations in real time under the guise of ‘data analytics,’” Licea adds.
Licea looks to represent anyone in California who communicated with the company via the chat feature using a cell phone and experienced eavesdropping. He seeks certification of the class action, damages, fees, costs and a jury trial.
Meanwhile, Saucony and Journeys have also been hit with twin class action lawsuits alleging they illegally eavesdropped on chats with potential customers who visited the shoe retailers’ websites.
Have you used the LensCrafters website? Let us know your thoughts on these claims in the comments.
Licea is represented by Scott Ferrell of Pacific Trial Attorneys.
The LensCrafters class action lawsuit is Miguel Licea v. Luxottica of America Inc., et al., Case No. 5:22-cv-01826, in the U.S. District Court for the Central District of California.
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