T-Mobile Using Visitors’ Communications at Its Website Florida Class Action

This class action brings suit against T-Mobile USA, Inc. under the Florida Security of Communications Act (FSCA). The complaint claims that the company uses “session replay” software that allows T-Mobile to intercept the electronic communications of visitors to its website, to track, record, and replay their interactions with the website. These include mouse movements, clicks, information entered, and content viewed. 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 T-Mobile’s website and (2) whose electronic communications were intercepted by T-Mobile or on T-Mobile’s behalf, (3) without their prior consent.

Plaintiff Jason Goldstein has visited T-Mobile’s website about six times during the past year. During each of these visits, he was located in Florida. During one or more of these visits, the complaint alleges “[u]pon information and belief” that T-Mobile used the session replay software to intercept Goldstein’s interaction with its website and also recorded his location and the times and dates of the visits.

The complaint claims that Goldstein never, at any time, gave T-Mobile, its employees, or its agents consent to intercept his electronic communications with the website. In fact, it says, Goldstein never had “a reasonable opportunity” to know about the interceptions of his communications, because the company did not disclose it or ask for his 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 T-Mobile 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 T-Mobile 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