Noom class action claims website records visitor’s electronic communications

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Noom website class action overview: 

• Who: A woman who used the digital health and wellness website Noom.com is suing the company.
• Why: The plaintiff says Noom illegally recorded her actions on the website without her permission. 
• Where: The Noom website class action lawsuit was filed in a California federal court.

A woman who used the digital health and wellness website noom.com is suing Noom Inc., alleging it illegally recorded her actions on its website without her permission. 

Plaintiff Erica Mikulsky filed the class action complaint against Noom Inc. on Feb. 14 in a California federal court, alleging violations of state and federal consumer law. 

According to the lawsuit, Noom operates the website noom.com as a digital platform for individuals to lose weight and “lead healthier lives.”

However, unbeknownst to the “millions of individuals” looking at Noom’s website, the company “intentionally procures and embeds” various session replay codes from third-party companies on its website to track and analyze consumer’s interactions, the lawsuit alleges.

Visitor’s electronic communications with Noom’s website are recorded, including their mouse movements, clicks, keystrokes, URLs of web pages visited and more, the class action says.

Noom’s actions amount to ‘looking over the shoulder’ of each visitor, lawsuit alleges

After intercepting and capturing users’ visits to the website, Noom uses them to recreate entire visits to the website, and uses that data to improve its sales and marketing, the lawsuit states.

This amounts to “the electronic equivalent of ‘looking over the shoulder’ of each visitor to Noom’s website for the entire duration of their website interaction,” Mikulsky alleges. It is illegal without a person’s express consent, she adds. 

Mikulsky is looking to represent anyone in California whose visits to noom.com were recorded.

The plaintiff is suing for violations of the Invasion of Privacy Act, and the torts of invasion of privacy and intrusion upon seclusion; she seeks damages, fees, costs and a jury trial. 

Late last year, Anthony Guidera, a health coach and home health aid for Noom, filed a collective action against his former employer, claiming the weight-loss company violated federal and New York wage-and-hour law.

What do you think of the allegations against Noom in this case? Let us know in the comments. 

The plaintiff is represented by Steven M. Nathan and James J. Pizzirusso of Hausfeld LLP and Stephen B. Murray, Arthur M. Murray and Thomas M. Beh of The Murray Law Firm.

The Noom class action lawsuit is Erica Mikulsky, et al. v. Noom Inc., Case No. 3:23-cv-00285-H-MSB in the U.S. District Court for the Southern District of California. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Facebook, counsel fined $925K for ‘egregious’ misconduct in Cambridge Analytica data scandal lawsuit
• Five Guys time clocks violate privacy, class action lawsuit claims
• Clearview Electric class action claims company makes unsolicited telephone calls
• USC class action alleges university manipulates ranking data