Papa John’s class action alleges company uses ‘session replay’ software to view website interactions

Papa John’s class action lawsuit overview: 

• Who: David Kauffman filed a class action lawsuit against Papa John’s International, Inc. 
• Why: Kauffman claims Papa John’s unlawfully tracks the electronic communications of its website visitors. 
• Where: The class action lawsuit was filed in California federal court. 

Papa John’s International used “session replay” spyware to intercept the electronic computer-to-computer data communications of its website visitors, a new class action lawsuit alleges. 

Plaintiff David Kauffman claims Papa John’s used the session replay spyware to track its website visitors’ clicks, mouse movements, keystrokes and views, among other things. 

Kauffman argues Papa John’s made the “unauthorized interceptions and connections” without having either the “knowledge or prior consent” of its website visitors. 

“Defendant never sought consent and Plaintiff and Class Members never provided consent for Defendant’s unauthorized access to their electronic communications,” the Papa John’s class action states. 

Papa John’s class action claims restaurateur exposes website visitors to potential identity theft

Papa John’s alleged actions exposed its website visitors to the potential for identity theft, online scams and other negative actions in the event the personal information it allegedly captured ever fell into third-party hands, the Papa John’s class action alleges. 

“Countless articles have been written about the privacy implications of recording user interactions during a visit to a website,” the lawsuit states. 

Kauffman wants to represent a nationwide class and California subclass of individuals who had their communications allegedly intercepted by Papa John’s or its agents. 

Kauffman claims Papa John’s violates the Wiretap Act and the California Invasion of Privacy Act. He demands a jury trial and requests declaratory and injunctive relief along with an award of statutory damages for himself and all class members. 

In related Papa John’s news, the company agreed to pay $5 million in August to resolve claims it used unlawful “no-poach” agreements as part of the restaurant chain’s contract agreements with its franchisee hopefuls. 

Have you had your online activity tracked by a website without your knowledge or consent? Let us know in the comments! 

The plaintiffs are represented by Joshua B. Swigart of Swigart Law Group, APC and Daniel G. Shay of the Law Office of Daniel G. Shay. 

The Papa John’s class action lawsuit is Kauffman v. Papa John’s International, Inc., Case No. 3:22-cv-01492, in the U.S. District Court for the Southern District of California.

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