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Bank of America Wiretapping Website Visitors FSCA Florida Class Action

What constitutes wiretapping? The complaint for this class action alleges that Bank of America, NA wiretaps the electronic communications of visitors to its website, bankofamerica.com, by recording their keystrokes, mouse, clicks, and so on. It brings suit under Florida’s Security of Communications Act (FSCA), which attempts to protect privacy rights.

The class for this action is all Florida residents who visited the BoA websites or app and whose electronic communications were intercepted or recorded by Glassbox.

The plaintiff in this case, Daniel Lubin, visited BoA’s websites and used its app multiple times between May 2020 and May 2021. During his visits to the websites and use of BoA’s app, Lubin was in Fort Lauderdale, Florida.

The complaint alleges, “During the visits and App usage, [BoA] captured, stored, and analyzed [Lubin’s] electronic communications in real time through a third party, Glassbox, Inc., including [Lubin’s] mouse clicks, keystrokes, swipes, gestures, personal checking and savings accounts, credit score, banking transactions and payment card information, as well as any other information input into the Websites’ or the App’s forms.”

Glassbox has developed and offers what’s known as a “session replay” program that purports to help businesses improve customer experiences with their websites and apps.

The complaint alleges, “Unlike typical analytics services that provide aggregate statistics, these scripts are intended for the recording and playback of individual browsing sessions, as if someone is looking over your shoulder as you interact with the website.”

According to the complaint, Session Replay uses “JavaScript, consumer-side recording” to capture all interactions of the customer with the website. It transmits the information to Glassbox’s recording servers and makes the information available to clients.

The complaint refers to a 2017 Princeton study that found that this information interception and sharing is not just intrusive but dangerous, because the “data can’t reasonably be expected to be kept anonymous.”

Furthermore, the complaint says that an article in the Atlantic magazine singled out Glassbox as problematic because “the replays also risk capturing sensitive information such as credit-card or passport numbers” without proper disclosures being made to users.

The complaint says, “Crucially, Defendant Bank of America does not ask users … whether they consent to being wiretapped by Glassbox. Users are never actively told that their electronic communications are being wiretapped by Glassbox.”

“Further,” the complaint adds, BoA’s “Privacy Policy is located at the very bottom of the Website’s home page with no notice directing users to the Privacy Policy, i.e.[,] the hyperlink to the Privacy Policy function as browserwrap. Additionally, [BoA] began recording users before any purported disclosure was made after the wiretap had already begun.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Bank of America Wiretapping Website Visitors FSCA Florida Complaint

July 1, 2021

What constitutes wiretapping? The complaint for this class action alleges that Bank of America, NA wiretaps the electronic communications of visitors to its website, bankofamerica.com, by recording their keystrokes, mouse, clicks, and so on. It brings suit under Florida’s Security of Communications Act (FSCA), which attempts to protect privacy rights.

Bank of America Wiretapping Website Visitors FSCA Florida Complaint

Case Event History

Bank of America Wiretapping Website Visitors FSCA Florida Complaint

July 1, 2021

What constitutes wiretapping? The complaint for this class action alleges that Bank of America, NA wiretaps the electronic communications of visitors to its website, bankofamerica.com, by recording their keystrokes, mouse, clicks, and so on. It brings suit under Florida’s Security of Communications Act (FSCA), which attempts to protect privacy rights.

Bank of America Wiretapping Website Visitors FSCA Florida Complaint
Tags: FSCA, Your Privacy, wiretapping