Some companies, it seems, have embedded in their websites computer code that allows the recording of actions by visitors to the websites. The complaint for this class action alleges that this is the case with the website of Quantum 3 Media, LLC, and that this recording of the visitor’s electronic communications with the website violate the California Invasion of Privacy Act (CIPA).
The class for this action is all persons in California who, between July 11, 2021 and July 11, 2022, visited the Quantum 3 Media website and whose electronic communications were intercepted, recorded, or monitored by Quantum 3 Media without their consent.
Among other things, CIPA, as quoted in the complaint, forbids the use of “any machine, instrument, contrivance, or in any other manner” to “[w]illfully and without the consent of all parties to the communication, or in any unauthorized manner, read[] or attempt[] 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 California…”
The complaint alleges that CIPA does not apply only to telephone lines but also to new technologies, such as computers, the Internet, and email.
Quantum uses the wiretaps at issue, the complaint alleges, “to secretly observe, monitor, and record website visitors’ keystrokes, mouse clicks, and other electronic communications.”
Why would a company do this? While other class actions have claimed that the issue is to adjust customer experience by monitoring every move made at a website, the reason alleged in this case is simpler: “On information and belief,” the complaint claims, Quantum “utilizes a real time software on its website in an attempt to comply with the Telephone Consumer Protection Act by documenting evidence of consent to receive telemarketing calls.” The recordings should thus show the keystrokes, mouse clicks, and data entry pertaining to this permission.
Unfortunately, the complaint alleges that the Quantum website does not reveal to visitors that their actions or communications are being recorded. But even if it did, the complaint alleges, the recording begins as soon as the visitor accesses the website. Therefore, the complaint claims, “even if [Quantum] did disclose its wiretaps, visitors of the site would be unable to discover such disclosure until after their electronic communications were wiretapped.”
The sole count in the complaint is the violation of CIPA, through the wiretapping of visitors’ communications with the Quantum website without their consent.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Quantum 3 Media “Wiretapping” Website Visitors California Complaint
July 11, 2022
Some companies, it seems, have embedded in their websites computer code that allows the recording of actions by visitors to the websites. The complaint for this class action alleges that this is the case with the website of Quantum 3 Media, LLC, and that this recording of the visitor’s electronic communications with the website violate the California Invasion of Privacy Act (CIPA).
Quantum 3 Media “Wiretapping” Website Visitors California ComplaintCase Event History
Quantum 3 Media “Wiretapping” Website Visitors California Complaint
July 11, 2022
Some companies, it seems, have embedded in their websites computer code that allows the recording of actions by visitors to the websites. The complaint for this class action alleges that this is the case with the website of Quantum 3 Media, LLC, and that this recording of the visitor’s electronic communications with the website violate the California Invasion of Privacy Act (CIPA).
Quantum 3 Media “Wiretapping” Website Visitors California Complaint