Old Navy class action alleges company website engages in keystroke monitoring

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.

Old Navy keystroke monitoring class action:

• Who: An Old Navy customer is suing the retail giant for illegal wiretapping.
• Why: The plaintiff says Old Navy uses software on its website that illegally monitors and records keystrokes and mouse clicks without customers’ consent.
• Where: The Old Navy lawsuit was filed in a California federal court.

Old Navy secretly conducts keystroke monitoring and records mouse clicks of visitors to its website, in violation of the law, a new class action lawsuit alleges.

Plaintiff Miguel Licea filed the class action lawsuit against Old Navy LLC on Aug. 10 in a California federal court, alleging violations of the California Invasion of Privacy Act.

Licea alleges illegal wiretapping of all communications on Old Navy’s website.

“Unbeknownst to visitors to the website, Defendant has secretly deployed ‘keystroke monitoring’ software that Defendant uses to surreptitiously intercept, monitor and record the communications (including keystrokes and mouse clicks) of all visitors to its Website,” Licea alleges. “Defendant neither informs visitors nor seeks their express or implied consent prior to this wiretapping.”

Old Navy class action alleges website employs wiretapping software 

Old Navy has software on its website that allows it to “surreptitiously record” every aspect of a visitor’s interaction, including keystrokes, mouse clicks, data entry and other electronic communications, the class action states.

The company’s online actions amount to the “digital trifecta” of looking over its consumers’ shoulders, eavesdropping on consumers’ conversations or reading consumers’ journals, Licea claim.

Within the past year, Licea alleges he visited the Old Navy website, where the company secretly recorded his visit using a “session replay” program that captures and replays a video reproduction of a user’s experience on the website. He said a team of independent experts confirmed the use of session replay software to him, according to the Old Navy class action.

Licea seeks to represent anyone in California who visited the Old Navy website in the past year and had their session recorded or monitored without their consent. He also requests certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, in July, Old Navy was hit with a class action lawsuit alleging it is filled with a “host of obstructions” in its aisles, making it near impossible for some people with disabilities to access the stores. 

What do you think about the wiretapping allegations against Old Navy in this case? Let us know in the comments! 

The plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The Old Navy class action lawsuit is Miguel Licea v. Old Navy, LLC, Case No. 5:22-cv-01413, in the U.S. District Court for the Central District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Facebook messages used to bring charges in Nebraska abortion case
• Companies seek to monetize data collected from vehicles, survey finds
• $8.4M Uber class action settlement over worker misclassification approved
• PwC survey shows volatility in consumer behavior at an all-time high