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Pennsylvania wiretapping class action lawsuits overview:
- Who: As many as ten complaints have been filed against companies including GameStop, Chewy, Zillow, and Meta Platforms, among others, following the Third Circuit’s decision to revive a class action lawsuit against Harriet Carter Gifts and NaviStone.
- Why: The complaint revolves around claims the companies violated Pennsylvania’s anti-wiretapping law by tracking and sharing the activity of their online users without consent.
- Where: The class action lawsuits have been filed in Pennsylvania federal courts.
A recent decision by the Third Circuit to revive a class action lawsuit arguing that tracking the web activity of online users and sharing it with third parties violates Pennsylvania’s anti-wiretapping law has spurred as many as 10 similar complaints.
Technology provider NaviStone Inc. and online retailer Harriet Carter Gifts are now asking the Third Circuit to rethink its decision to revive a complaint alleging Harriet Carter violated Pennsylvania’s Wiretapping and Electronic Surveillance Control Act (WESCA) by tracking the activity of its online users.
In reviving the complaint, a Third Circuit panel determined that tracking the online activity of users and, through GET requests, sending it to third parties without their knowledge or consent could be a violation of WESCA.
NaviStone and Harriet Carter, in a petition filed last week, meanwhile, have argued that the decision to revive the class action lawsuit could lead to millions of websites having to face criminal or civil liability.
“These cases illustrate that the panel’s decision effectively renders any company with a website accessible in Pennsylvania subject to an action under WESCA,” NaviStone and Harriet Carter wrote in a letter brief filed last week.
Third Circuit asked to ‘consider’ new actions laid out in petition
The companies further asked the Third Circuit to “consider these new actions when deciding their petition.”
Similar complaints have now been filed against companies including GameStop Inc., Meta Platforms Inc., Zillow, Lowe’s Cos. Inc., Chewy Inc., AutoZone Inc., Expedia Group Inc., FullStory Inc., and Michaels Stores Inc., according to the letter brief.
The companies are being accused of violating the WESCA by allegedly using spyware that is able to record and watch its website visitors in order to unlawfully intercept communications, reports Law360.
NaviStone and Harriet Carter say all of the complaints have been filed in the three Pennsylvania district courts between Aug. 25 and Sept. 14, while arguing that only one of the companies targeted in the complaints have any connection to the state.
“The plaintiffs’ only basis for suing these defendants is the fact that the plaintiffs accessed the defendants’ websites in Pennsylvania,” NaviStone and Harriet Carter said.
Have you had your online activity unlawfully tracked? Let us know in the comments!
The plaintiffs are represented by Gary F. Lynch, Kelly K. Iverson, Jamisen A. Etzel, and Elizabeth Pollock-Avery of Lynch Carpenter LLP.
The Pennsylvania wiretapping class action lawsuit is Popa v. Harriet Carter Gifts Inc., et al., Case No. 21-2203, in the U.S. Court of Appeals for the Third Circuit.
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6 thoughts onPennsylvania wiretapping law overturning spurs double-digit lawsuit filings
I made an appointment with a business to have micro blading on my eyebrows. The business is located in Pennsylvania. Due to an unforeseen circumstance I could not make the appointment. The owner sent me an email claiming I deliberately didn’t show up and decided not to call and in the body of the email, had specific dates and time of when I opened up my email of when she had sent reminders. She also had dates and time of when I opened text messages I received of the same reminders. I was appalled and sent her an email letting her know that this was an invasion of my privacy. She never posted a privacy policy when I made the appointment online so I was very taken back when she had so much information without my consent. I then wrote a yelp review. Letting her and others know about the situation. My concern was that my information was being sold to third-party since I was never made aware that she was using an email tracking service. She later disclosed in her retort, that she indeed was and did so to enforce people to keep their appointments. And in defending herself she posted a link to The correspondence between her and I via email.
I would like to know if she violated the WESCA. I believe she did. I would like legal advice.
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Google tracks my every move and I never gave permission to track me or give my information to third party vendors or anyone, person or place. What can I do
I believe when you create an account you do give consent to their written disclosures.
Add me please
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