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Mazda “Wiretapping” of Website Vistors’ Moves California Class Action

What kind of information may a website gather on visitors without their knowledge or consent? At what point does this become an invasion of privacy? The complaint for this class action alleges that Mazda Motor of America, Inc., Lead Intelligence (which does business as Jornaya), and Mouseflow, Inc. perform what the complaint claims is wiretapping on visitors to the mazdausa.com website.

The class for this action is all California residents who visited Mazda’s mazdausa.com website and whose electronic communications were intercepted or recorded by Mouseflow or Jornaya.

Mouseflow, the complaint claims, “is a tool that surreptitiously records, in real time, a website visitor’s interactions on a website.” It offers “Session Replay” recordings of website visitors’ “keystrokes, mouse clicks, mouse movements, scrolls and other interactions with the website.”

Jornaya offers products for businesses. According to the complaint, “Jornaya’s products include ‘TCPA Guardian’ and ‘LeadiD,’ which help businesses evade the Telephone Consumer Protection Act (‘TCPA’) by creating evidence of purportedly consent to receive telemarketing calls, and to secretly collect data from website users for marketing purposes.”

Among its tools is “‘Visual Playback,’ which surreptitiously records, in real time, a website visitor’s keystrokes, mouse clicks, and other interactions on a website.” It says that its recording of interactions begins “the moment a customer lands on a webpage” and that its LeadiD tool “unlocks 50+ data points to help buyers and sellers evaluate the quality and performance of leads[.]”

The complaint alleges that Mouseflow has used its Session Replay and Jornaya has used its TCPA Guardian, LeadiD, and Visual Playback on visitors the Mazda website.

While this may be legal in many states, the complaint alleges that it violates the California Invasion of Privacy Act (CIPA). CIPA allows plaintiffs to bring suit against a party that

  • “Intentionally taps, or makes any unauthorized connection, whether physically, electronically, acoustically, inductively or otherwise, with any telegraph or telephone wire, line, cable, or instrument of any internal telephonic communication system,” or
  • “Willfully and without the consent of all parties to the communication, or iin any unauthorized manner, reads or attempts to read or learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line or cable or is being sent from or received at any place within this state” or
  • “Uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained,” or
  • “Aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section.”

The complaint refers to an earlier case to allege that this section of the law “is not limited to phone lines, but also applies to ‘new technologies’ such as computers, the Internet, and e[-]mail.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Mazda “Wiretapping” of Website Vistors’ Moves California Complaint

December 16, 2020

What kind of information may a website gather on visitors without their knowledge or consent? At what point does this become an invasion of privacy? The complaint for this class action alleges that Mazda Motor of America, Inc., Lead Intelligence (which does business as Jornaya), and Mouseflow, Inc. perform what the complaint claims is wiretapping on visitors to the mazdausa.com website.

Mazda “Wiretapping” of Website Vistors’ Moves California Complaint

Case Event History

Mazda “Wiretapping” of Website Vistors’ Moves California Complaint

December 16, 2020

What kind of information may a website gather on visitors without their knowledge or consent? At what point does this become an invasion of privacy? The complaint for this class action alleges that Mazda Motor of America, Inc., Lead Intelligence (which does business as Jornaya), and Mouseflow, Inc. perform what the complaint claims is wiretapping on visitors to the mazdausa.com website.

Mazda “Wiretapping” of Website Vistors’ Moves California Complaint
Tags: Using Your Private Information Without Consent, Your Privacy, wiretapping