WebMD Intercepts Moves of Visitors at Its Website Florida Class Action

This class action brings suit against WebMD, LLC alleging violations of the Florida Security of Communications Act (FSCA). The complaint alleges that WebMD uses session replay software to intercept the electronic communications of visitors to its website. The software allows it to track visitors’ interactions with the website, including mouse movements and clicks, information entered, and content viewed. The complaint says WebMD keeps this information for later use, and it does all this without the permission or consent of the visitor involved.

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

The complaint alleges that WebMD does this “for its own financial gain and in violation of the [subjects’] privacy rights under the FSCA. Such clandestine monitoring and recording of an individual’s electronic communication has long been held a violation of the FSCA.”

Plaintiff Joy Marshall has visited WebMD’s www.webmd.com website numerous times during the past year, most recently in December 2020. Each time she did this, she was located in Florida. The complaint alleges that during one or more of these visits, Playboy used software to intercept, track, and record Marshall’s use of and interaction with the website.

Marshall, the complaint says, “never consented to interception of her electronic communications by WebMD or anyone else.” In addition, “[a]t no point in time did [Marshall] provide WebMD, its employees, or agents with consent to intercept [Marshall’s] electronic communications.”

The complaint makes several statements about the FSCA: “It 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.” Also, “it is a violation to intentionally use, or endeavor 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…”

Further, “The FSCA defines ‘intercept’ as the ‘acquistion of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.’” The law defines “electronic communications” as “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects intrastate, interstate, or foreign commerce…”

According to the complaint, Playboy owes Marshall and other class members the damages set forth in the law: “liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher[.]”

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