Journeys.com allegedly records and shares your chats, according to latest CIPA lawsuit
Journeys.com has been illegally recording and sharing customers chats, according to a recent class action lawsuit under the California Invasion of Privacy Act.
A recent CIPA class action accused Journeys.com of violating visitors privacy. The primary allegations are that the website “wiretapped” or recorded visitors’ chats with their chatbot feature without their consent. Additionally, the lawsuit also alleges that the website disclosed the private chats to at least one third party in real time.
The website, Journeys.com, is an online footwear retailer which is owned and operated by Genesco, Inc., a Tennessee corporation. The complaint alleges that Defendant Genesco “covertly” embedded code on their website, Journeys.com. This code records and transcribes conversations between shoppers using the site’s chat feature, where users often share “highly sensitive personal data.” The lawsuit claims that consumers’ chat transcripts can be accessed and stored by “at least one independent third-party vendor” without consumers’ knowledge or consent.
“Given the nature of Defendant’s business, visitors often share highly sensitive personal data with Defendant via the website chat feature.”
Licea v. Genesco, Inc. – 3:22-cv-01567
The CIPA Class Action claims Journeys.com shared visitors’ chats on their website with others without consumers’ consent.
Plaintiff Jose Licea filed the CIPA complaint against Genesco, Inc. in the Southern District of California on October 12th.
According to the complaint, Plaintiff Licea is a “consumer privacy advocate.” He had “dual motivations” for using the chat functions on Journeys.com, as he stated in his complaint. The lawsuit claims that Plaintiff Licea was interested in the shoe store’s products and also works as a “tester” to ensure businesses are in accordance with California’s privacy law.
Notably, Plaintiff Licea has also filed cases against other websites for similar violations, including a class action alleging CIPA violations against the gaming company, GameStop. He also filed another CIPA class action against Wolverine Worldwide Inc. for breach of CIPA on their website, Saucony.com.
CIPA prohibits websites from transcribing visitors’ conversations or sharing those transcripts with third parties, without users’ consent.
“The California Invasion of Privacy Act (“CIPA”) prohibits both wiretapping and eavesdropping of electronic communications without the consent of all parties to the communication. Compliance with CIPA is easy, and the vast majority of website operators comply by conspicuously warning visitors when their conversations are being recorded or if third parties are eavesdropping on them.”
Licea v. GameStop, Inc. – 5:22-cv-01562
Plaintiff Licea seeks to represent anyone in California who used the chat feature on Journeys.com using a cell phone, and whose communications were recorded or shared without consent. The complaint seeks to recover $5,000 in statutory damages for Plaintiff and other California residents who interacted with the chatbot on Journeys.com. Plaintiff estimates that the class could include at least 5,000 Californians.
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How does this Class Action impact you?
Journey.com’s nature of business makes customers disclose “highly personal and sensitive data” via the website’s chat feature, the lawsuit claims. It claims that Journeys.com’s “secret” data collection practices would “shock and appal” customers. Therefore, this affects you directly if you have ever used the website Journeys.com and divulged any personal information to their chatbot.
However, it is not just Journeys.com. Many other websites could be sharing your conversations without your consent, in violation of CIPA. If you are a California resident, and you have interacted with chatbots which never informed you that they were recording you, chances are, your privacy may have been violated.
Why are companies sharing or analysing our conversations with their chatbots? What’s in it for them? Read our investigation on how chatbots may be sharing your conversations with others to find out the answers.
What can you do about it?
CIPA allows affected consumers to recover up to $5,000 in statutory damages.
Please contact us and we will investigate whether you have a valid claim. You may be able to recover up to $5,000 for a similar CIPA violation you may have suffered. Several other companies could be violating CIPA in a similar way. For instance, another class action filed against GameStop alleged the same CIPA violations.
If you interact with chatbots, one or more of them may have exposed your personal information without your consent. Your Privacy is worth fighting for. We can help you investigate. Please contact us to get in touch with a class action lawyer at ClassActionNews today.
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