ActiveProspect Recording of Keystrokes California Class Action

California’a State Legislature passed the California Invasion of Privacy Act (CIPA) in 1967. The California Penal Code forbids the recording or wiretapping of communications without the consent of all parties to the communication. However, the complaint for this class action alleges ActiveProspect, Inc. records consumers’ keystrokes as they enter information on websites, without the notice or authorization of the subject consumers.

ActiveProspect provides lead data and lead verification services. According to the complaint, it does this “by recording consumers’ electronic communications on third-party companies’ websites, such as, for example, recording consumers’ keystrokes in real time as they input information into fields on web-based forms…”

The complaint claims that ActiveProspect installs wiretapping software into third-party websites, with no warnings to consumers, to surreptitiously record their communications.

While plaintiff Amanda Hill was at her home in California, she used her mobile phone to visit an online mortgage lending website, YourVASurvey.info belonging to LMB Mortgage Services, Inc., which does business as LowerMyBills.com (LMB). She was interested in finding out how much a home loan would cost.

She went through several pages of the website which asked her to enter her personal information and credit history details. Each time she wanted to continue to the next page, she was prompted to push a button.

The information the form asked for was highly personal and confidential, including these items:

  • The estimated value of her home
  • The interest rate on her current home loan
  • Her mortgage balance
  • Her address
  • Her credit score

At the end of all this, she was prompted to push a button to submit her information to the company, but the complaint alleges that she did not do this.

The complaint says she “believed at all times during her visit to the YourVASurvey.info website that the confidential information she was inputting into the page would only be communicated to the site’s owner and operator, LMB.”

However, the complaint alleges that ActiveProspect “intercepted, monitored, and recorded in real time (and thereafter permanently stored) the personal and highly sensitive financial information” she had entered. According to the complaint, while she was entering the information, she had not been informed in any way that someone was intercepting and recording her information.

Hill only learned of the spyware being employed during discovery in another case.

The class for this action is all persons whose name appears in a “Trusted Form certificate” in ActiveProspect’s possession that (1) was generated for a visit to a third-party website, on or after April 14, 2018, (2) identifies the person as having visited the site from a location in California, and (3) is connected with a “video replay” of the person’s interactions with the website. There is also a subclass similar to the above for those who visited the YourVAInfoSurvey.com website.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

ActiveProspect Recording of Keystrokes California Complaint

July 3, 2020

California’a State Legislature passed the California Invasion of Privacy Act (CIPA) in 1967. The California Penal Code forbids the recording or wiretapping of communications without the consent of all parties to the communication. However, the complaint for this class action alleges ActiveProspect, Inc. records consumers’ keystrokes as they enter information on websites, without the notice or authorization of the subject consumers.

ActiveProspect Recording of Keystrokes California Complaint

Case Event History

ActiveProspect Recording of Keystrokes California Complaint

July 3, 2020

California’a State Legislature passed the California Invasion of Privacy Act (CIPA) in 1967. The California Penal Code forbids the recording or wiretapping of communications without the consent of all parties to the communication. However, the complaint for this class action alleges ActiveProspect, Inc. records consumers’ keystrokes as they enter information on websites, without the notice or authorization of the subject consumers.

ActiveProspect Recording of Keystrokes California Complaint
Tags: Your Privacy, wiretapping