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Zillow, Lowe’s, Expedia class actions overview:
- Who: Plaintiff Jamie Huber filed class action lawsuits against Zillow, Lowe’s and Expedia.
- Why: The plaintiff alleges Zillow, Lowe’s and Expedia use spyware to track user interaction on their websites.
- Where: The class action lawsuits were filed in Pennsylvania federal court.
Zillow Group Inc., Lowe’s Companies Inc. and Expedia Group Inc. allegedly use spyware to track how users interact with their websites in violation of Pennsylvania law, according to three recent class action lawsuits.
Plaintiff Jamie Huber filed the three spyware class action lawsuits Sept. 7 in Pennsylvania federal court, alleging that the companies’ practices violate the Pennsylvania Wiretapping and Electronic Surveillance Control Act (WESCA).
The Zillow class action, Lowe’s class action and Expedia class action all allege the companies use “session replay” spyware to intercept web users’ interactions with their websites, including mouse movements, clicks, keystrokes, search terms and content they viewed on the website.
Huber claims the three companies intercepted, stored and recorded this information without the knowledge or consent of web users.
Zillow class action says spyware like someone ‘looking over website user’s shoulder’
The Zillow class action lawsuit explains that session replay software differs from traditional cookies, web beacons or analytics tools.
“It is a sophisticated computer software that allows Defendant to contemporaneously intercept, capture, read, observe, re-route, forward, redirect and receive incoming electronic communications to its website,” the Zillow class action lawsuit states.
This information can be reportedly used by the defendants to create a session replay of the user’s interactions with the website, which the lawsuit alleges is “essentially a video of a class member’s entire visit” to their websites and is like someone “looking over a class member’s shoulder” while they visit the website.
This information also can be utilized to de-anonymize website users, the Zillow class action claims.
Spyware data collection may make users vulnerable to identity theft, scams, Expedia class action says
Session replay technology is purportedly used to discover broken website features, according to the Expedia class action lawsuit. However, the amount and detail of data collected on website users far exceeds website users’ expectations and is used by the defendants to make a profit, Huber alleges.
The use of session replay spyware was not necessary for the defendants’ provision of goods and services, the Expedia class action claims.
“Rather, the level and detail of information surreptitiously collected by Defendant indicates that the only purpose was to gain an unlawful understanding of the habits and preferences of users to its website, and the information collected was solely for Defendant’s own benefit,” according to the lawsuit.
The collection and storage of this information can also potentially result in personal information being exposed to third parties, increasing the vulnerability of web users to identity theft and online scams, the Expedia class action lawsuit claims.
Lowe’s class action cites Apple warning to app developers about data tracking, recording
The Lowe’s class action lawsuit points to a 2019 warning by Apple for app developers to disclose any data tracking and recording their apps utilize or face immediate removal from the Apple Store.
“Protecting user privacy is paramount in the Apple ecosystem,” the company says in a TechCrunch article, which is cited in the Lowe’s class action. “Our App Store Review Guidelines require that apps request explicit user consent and provide a clear visual indication when recording, logging, or otherwise making a record of user activity.”
The Lowe’s class action also lists several articles regarding privacy implications of recording user interactions during a visit to a website.
Huber filed the Expedia, Zillow and Lowe’s class action lawsuits on behalf of a proposed class of Pennsylvania residents who visited the defendants’ websites and whose electronic communications were intercepted without their prior consent.
She seeks a minimum of $1,000 per each violation on behalf of the proposed class.
In related news, a consumer recently hit Old Navy with a class action lawsuit alleging it illegally monitors and records keystrokes and mouse clicks on its website without users’ consent.
What do you think about the allegations that Zillow, Lowe’s and Expedia use spyware to track user interactions on their websites? Join the discussion in the comments below!
Huber is represented by Ari H. Marcus of Marcus Zelman LLC.
The Zillow class action lawsuit is Jamie Huber v. Zillow Group Inc., Case No. 2:22-cv-03572, in the U.S. District Court for the Eastern District of Pennsylvania. The Lowe’s class action lawsuit is Jamie Huber v. Lowe’s Companies Inc., Case No. 2:22-cv-03571, in the U.S. District Court for the Eastern District of Pennsylvania. The Expedia class action lawsuit is Jamie Huber v. Expedia Group Inc., Case No. 2:22-cv-03570, in the U.S. District Court for the Eastern District of Pennsylvania.
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869 thoughts onZillow, Lowe’s, Expedia class actions claim companies employ spyware to track user movements on sites
I’ve been using Zillow and Lowes and Expedia Sites for services for many years.
This is such a violation. Please add me to these class action law suits and settlements. Thank you.
Add me please