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1-800-Flowers.com Wiretapping of Website Visitors FSCA Class Action

1-800-Flowers.com maintains a website where consumers can order flowers to be sent to people around the country. However, the complaint for this class action alleges that visitors to that website have their moves tracked and recorded, without their knowledge or consent. The complaint brings suit under the Florida Security of Communications Act (FSCA).

The class for this action is Florida residents who visited the 1-800-Flowers.com websites (1-800-Flowers.com, 1800Flowers.com, and any other website for affiliated brands) and whose electronic communications were intercepted or recorded by ForeSee on the company’s behalf without their prior consent.

Session Replay software is intended to help businesses to improve the design of their websites and the experiences of those who visit. The software tracks visits whether the consumer is using a desktop or a mobile device to access the website. It records the visitors’ electronic communications with the website, such as keystrokes, mouse moves and clicks, and information entered on website forms.

According to the complaint, 1-800-Flowers.com, the defendant in this case, has embedded this kind of wiretapping software in the computer code of its websites. The complaint alleges, “Defendants intercepted or allowed for the interception of the electronic communications at issue without the knowledge or prior consent” of the visitors to the website, “for their own financial gain.”

The software was provided by ForeSee Session Replay, Inc., the complaint says, for the purpose of providing marketing analytics.

ForeSee uses JavaScript and takes down the interactions of a visitor with the web pages. “It combines this data into a single recording that can recreate any individual webpage visitor’s experience—including that visitor’s ordering and purchasing experience[,]” the complaint claims. “ForeSee records a website user’s interactions and transmits that information to ForeSee’s recording servers. ForeSee then makes the information available to its clients.”

The complaint calls such software “not only highly intrusive, but dangerous.” It refers to a study by Princeton University where these kinds of technologies were found to be “collecting sensitive user information such as passwords and credit card numbers. The research notes that this wasn’t simply the result of a bug, but rather insecure practices.” These technologies therefore “leave users vulnerable to data leaks and the harm resulting therefrom.”

The complaint alleges that when visitors to 1-800-Flowers.com websites buy an item, they enter personal information, which ForeSee’s software captures.

At no point does the website ask visitors if they consent to being wiretapped. Visitors are never told about the wiretapping. According to the complaint, “Defendants’ privacy policy is located at the very bottom of the Websites’ home pages with no notice directing visitors to the privacy policy…” Even if visitors did go there and discover they were being wiretapped, the complaint says, 1-800-Flowers.com began the wiretapping before it made the disclosure. Visitors place orders without any knowledge of the wiretapping.

The complaint contends that, because the privacy policies do not mention ForeSee or its Session Replay software, “visitors do not agree to be wiretapped even if they agree to the privacy policy.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

1-800-Flowers.com Wiretapping of Website Visitors FSCA Complaint

May 21, 2021

1-800-Flowers.com maintains a website where consumers can order flowers to be sent to people around the country. However, the complaint for this class action alleges that visitors to that website have their moves tracked and recorded, without their knowledge or consent. The complaint brings suit under the Florida Security of Communications Act (FSCA).

1-800-Flowers.com Wiretapping of Website Visitors FSCA Complaint

Case Event History

1-800-Flowers.com Wiretapping of Website Visitors FSCA Complaint

May 21, 2021

1-800-Flowers.com maintains a website where consumers can order flowers to be sent to people around the country. However, the complaint for this class action alleges that visitors to that website have their moves tracked and recorded, without their knowledge or consent. The complaint brings suit under the Florida Security of Communications Act (FSCA).

1-800-Flowers.com Wiretapping of Website Visitors FSCA Complaint
Tags: Your Privacy, wiretapping