NortonLifeLock Using Visitors’ Moves at Its Website Florida Class Action

This class action brings suit against NortonLifeLock, Inc. under the Florida Security of Communications Act (FSCA). The complaint claims that the company uses “session replay” software that allows NortonLifeLock to intercept the electronic communications of visitors to its website, and later to track, record, and replay their interactions with the website. The complaint alleges, “Such clandestine monitoring and recording of an individual’s communications has long been held a violation of the FSCA.”

The class for this action is all persons in Florida (1) who visited NortonLifeLock’s website and (2) whose electronic communications were intercepted by NortonLifeLock or on NortonLifeLock’s behalf, (3) without their prior consent.

Plaintiff Lauren Holden has visited NortonLifeLock’s website about twenty times during the past year. During each of these visits, she was in Florida. During one or more of these visits, the complaint alleges “[u]pon information and belief” that NortonLifeLock used the session replay software to intercept Holden’s interaction with its website, including mouse movements, clicks, information entered, and content viewed. It also may have recorded her location and the times and dates of the visits.

The complaint claims that Holden never, at any time, gave NortonLifeLock, its employees, or its agents her consent to intercept her electronic communications. In fact, it says, Holden never had “a reasonable opportunity” to know about the interceptions of her communications, because the company did not disclose it or ask her to consent to it.

According to the complaint, “[i]t is a violation of the FSCA to intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any electronic communication.” Additionally, it says, quoting the law, it is a violation to use “the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection[.]”

The complaint alleges that visitors to the website had “an expectation of privacy” and that NortonLifeLock both unlawfully intercepted the electronic communications of visitors to the website and unlawfully used the intercepted communications.

Under the FSCA, the complaint claims, visitors whose communications were intercepted are entitled to liquidated damages at the rate of $100 per day for each violations or a flat $1,000, whichever amount is higher. The complaint also asks for reasonable attorneys’ fees and costs, an injunction against NortonLifeLock continuing its interception practice, and “[s]uch further and other relief the Court deems reasonable and just.”

Article Type: Lawsuit
Topic: Privacy
Tags: Intercepting Electronic Communications, Your Privacy