Jornaya Recording of Keystrokes California Class Action

California residents have a right to privacy. The State Legislature passed the California Invasion of Privacy Act (CIPA) in 1967, and the California Penal Code forbids the recording or wiretapping of communications without the consent of all parties. However, the complaint for this class action alleges Lead Intelligence, Inc., which does business as Jornaya, records consumers’ keystrokes as they enter information on websites, without the consumers’ notice or authorization.

Jornaya provides lead data and lead verification services, including “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 Jornaya installs wiretapping software into third-party websites, without the knowledge of consumers, to surreptitiously record their communications.

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

She went through several pages of the intake form which asked her to enter her personal information and credit history details. She was prompted to push a button each time she wanted to proceed to the next page of the form.

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
  • Her employment status

At the end of the form, 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.” She did not expect the information to be intercepted by or shared with third parties.

However, the complaint alleges that Jornaya “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 for another case.

The class for this action is all persons whose name appears in a “LeadiD certificate” in Jornaya’s possession that (1) was generated by 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

Jornaya Recording of Keystrokes California Complaint

July 3, 2020

California residents have a right to privacy. The State Legislature passed the California Invasion of Privacy Act (CIPA) in 1967, and the California Penal Code forbids the recording or wiretapping of communications without the consent of all parties. However, the complaint for this class action alleges Lead Intelligence, Inc., which does business as Jornaya, records consumers’ keystrokes as they enter information on websites, without the the consumers’ notice or authorization.

Jornaya Recording of Keystrokes California Complaint

Case Event History

Jornaya Recording of Keystrokes California Complaint

July 3, 2020

California residents have a right to privacy. The State Legislature passed the California Invasion of Privacy Act (CIPA) in 1967, and the California Penal Code forbids the recording or wiretapping of communications without the consent of all parties. However, the complaint for this class action alleges Lead Intelligence, Inc., which does business as Jornaya, records consumers’ keystrokes as they enter information on websites, without the the consumers’ notice or authorization.

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