Have you or a family member ever visited a website and think that the website might be secretly observing and recording your browsing activity?
A recent class action lawsuit claims that the WebMD website violates California privacy law by recording their visitors.
Plaintiff Mary Narvaez says that she visited the WebMD website several times, most recently in July 2020. Unbeknownst to her, the website allegedly recorded her activity through Mouseflow software.
According to the lawsuit, Mouseflow software creates a video of consumers who visit the WebMD website. In this video, the consumer’s keystrokes and mouse clicks are allegedly recorded, along with their location and device type. According to the plaintiff, she was not told that Mouseflow would be recording her activity and did not consent to these recordings.
If you believe your website visit was recorded, contact Shamis & Gentile, P.A. today and fill out the contact us form on this page. Our team of attorneys will provide a FREE case review.
Wiretapping used to mean, primarily, listening in on telephone conversations. Now it has a new meaning: tracking a website visitor’s keystrokes, mouse movements, and so on, along with identifying the visitor when possible.
Website wiretaps are embedded in the computer code for the website to allow website owners to secretly observe and record website visitors’ key strokes, mouse clicks, and other electronic communications, including the entry of Personally Identifiable Information (PII) and Protected Health Information (PHI).
In addition to recording visitors’ movements, website wiretapping technology allows website owners to track the amount of time spent on the website, geographic location of the visitor, and other information. These software’s also allow visitors to be tracked in real time, as they are browsing the site.
Narvaez seeks to represent a Class of consumers who live in California and visited the WebMD website where they had their activities recorded by Mouseflow. She says that thousands of Class Members could be included in this group.
In October, Cars.com was hit with a class action lawsuit by a California man who claims that his activity was unlawfully recorded while on the website. Like Narvaez, this plaintiff maintains that he never consented to this recording by Cars.com and Lead Intelligence, a tech company.
Noom, a weight loss plan website, also faced legal action in October when they were hit with a class action lawsuit. According to the plaintiffs in this case, Noom partnered with digital trackers from FullStory Inc. to monitor visitors to their websites.
The plaintiffs note that this recording is especially harmful since website visitors are directed to provide private information such as their height, weight, age and other medical conditions during the weight loss screening program.
Earlier this month, Carnival Cruise Lines faced a privacy class action lawsuit under the California Invasion of Privacy Act for allegedly monitoring website activity without consent.
All of the plaintiffs in these cases argue that they and other proposed Class Members never provided consent to have their website activity monitored.
Are you worried that the website you visited may have recorded your activity? If you believe your website visit was recorded, contact Shamis & Gentile, P.A. today and fill out the contact us form on this page. Our team of attorneys will provide a FREE case review.