Zillow, Lowe’s and Expedia Sued for Using Browser Tracking Technology
Zillow Group Inc., Lowe’s Cos. and Expedia Group Inc. are facing nearly identical class action lawsuits under a Pennsylvania law alleging they unlawfully use “session replay” software to track and record consumer interactions with their websites.
Jamie Huber says the software allows businesses to record mouse movements, keystrokes, search terms, information entered on websites, and pages and content viewed during visits, all in violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act.
This law prohibits the interception or disclosure of the contents of wired, electronic or oral communications. The class in each lawsuit contains at least 5,000 members, according to court documents filed with the U.S. District Court for the Eastern District of Pennsylvania.
The software also allows businesses to record and playback individual browsing sessions “as if someone is looking over a group member’s shoulder while visiting” their websites, and view visitor interactions with websites in real time, according to the complaint.
Huber had a reasonable expectation that her visits would be private and that the companies would not track, record or view as she browsed and interacted with the websites, according to the complaint.
Moreover, the companies neither sought nor obtained consent before using the session replay software during his visits, he alleged.
Causes of action: Violations of Pennsylvania wiretapping and electronic surveillance control law.
Relief: Class Certification, Actual Damages, Statutory Damages, Punitive Damages, Attorneys’ Fees and Costs.
Potential class size: More than 5,000 in each trial, according to the complaints.
Answer: Expedia and Zillow declined to comment on the filings. Lowe’s did not immediately respond to an emailed request for comment.
Lawyers: Marcus Zellman LLC represents Huber and the proposed class.
The cases are Huber v. Zillow Group Inc., ED Pa., No. 2:22-cv-03572, Complaint 9/7/22, Huber v. Lowe’s Companies Inc., ED Pa., No. 2:22-cv-03571, 9/7/22, and Huber v. Expedia Group Inc., ED Pa., No. 2:22-cv-03570, Complaint 07/09/22.