Nike, Inc. Illegally Records Private Information When Customers Use Nike Website, a New Class Action Alleges

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Nike Website Wiretapping Class Action Lawsuit Overview:

• Who: Nike, Inc.
• What: Nike is accused of allowing a marketing company to record the private information of customers using its website, in violation of California law.
• Where: California district court

Nike has been allowing a marketing analytics company to wiretap its website and record private identifying information of customers making purchases on its site, a new class action lawsuit alleges.

Plaintiff Lisa Castro filed the class action lawsuit Thursday against Nike, Inc., alleging the retail brand allowed FullStory, Inc. to wiretap the electronic communications of visitors to the website in violation of the California Invasion of Privacy Act.

Castro alleges that, through code embedded in the website, FullStory, Inc. was able to secretly observe and record peoples’ keystrokes, mouse clicks, and the entry of personally identifiable information in real time and with users’ consent. 

The ability to record the customer screens is embedded in the computer code on the Nike website through a feature called “session replay,” she says. 

Castro pointed to a 2017 study by Princeton University researchers—which specifically examined FullStory—noted that the software acted as if someone was looking over your shoulder. 

“Technology like FullStory’s Session Replay feature is not only highly intrusive, but dangerous,” the plaintiff alleges. “The 2017 study by Princeton University researchers found that session recording technologies 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.” 

FullStory, a Marketing Analytics Company Used by Nike, Can Leave Users Open to Data Leaks, the Class Action Claims

As a result, session recording technologies such as FullStory’s can leave users vulnerable to data leaks, the lawsuit claims.

Castro visited Nike.com in October 2020. She says she never consented to being wiretapped by FullStory. 

She seeks to represent a Class of all California residents who visited the website, and whose electronic communications were intercepted or recorded by FullStory. 

She’s suing under the California Invasion of Privacy Act and seeking certification of the class action, an injunction, damages, interest, fees and a jury trial.

Have you visited the Nike website? Let us know your thoughts on having your information recorded in the comments section.

The plaintiff is represented by L. Timothy Fisher and Joel D. Smith of Bursor & Fisher, P.A. 

The Nike Website Wiretapping Class Action Lawsuit is Lisa Castro et al., v. Nike, Inc., Case No. 2:21-at-00937, in the U.S. District Court Eastern District of California.

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