GameStop is allegedly recording and sharing your chat according to latest lawsuit.
A proposed CIPA class action against GameStop alleges the company illegally monitors customer conversations in real time via the chat feature on their website gamestop.com.
The eight-page case claims that GameStop uses “wiretapping software” to record every chat its customers have with the company’s website. The private chats are then shared with a company that “publicly boasts about its ability to harvest highly personal data from chat transcripts for sales and marketing purposes.”
The CIPA Class Action claims GameStop shared visitors’ interaction the chatbot on their website with others without consumers’ consent.
Plaintiff Licea filed the CIPA complaint against Gamestop, Inc. in the Central District of California on September 6th.
CIPA prohibits websites from transcribing visitors’ conversations without their consent and sharing those transcripts with third parties.
Under the California Invasion of Privacy Act, website operators cannot create transcripts of visitors’ conversations (or provide such transcripts to third parties) without obtaining prior, express consent from all parties to the conversation. Compliance with CIPA is easy, and the vast majority of companies comply with the law by simply notifying website visitors if their conversations are being recorded.
Licea v. GameStop, Inc. – 5:22-cv-01562
The Class Action complaint further alleges that Gamestop “shares the secret transcripts with Zendesk”.
Evidently, Zendesk “publicly boasts about its ability to harvest highly personal data from chat transcripts for sales and marketing purposes.” Plaintiff claims that Gamestop allows “Zendesk to intercept and use the secret transcripts” for commercial gain.
In essence, the complaint alleges that Gamestop:
(1) provides a chat feature on their website that encourages users to reveal private information;
(2) makes a transcript of all such conversations, without notifying site visitors or obtaining their permission; and
(3) sends the confidential transcripts to a company that brags about using the information to target consumers with ads.
Plaintiff Licea seeks $2,500 per violation for himself and all California residents who visited Gamestop.com.
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How does this Class Action impact you?
GameStop’s nature of business makes customers disclose “highly personal and sensitive data” via the website’s chat feature, the lawsuit claims. It claims that GameStop’s “secret” data collection practices would “shock and appal” customers.
Therefore, this affects you directly if you have ever used the Gamestop website and chatbot and divulged any personal information. However, it is not just Gamestop. Many other websites may be sharing your conversations in a similar manner.
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 article on how chatbots may be sharing your conversations with others to find out the answers.
What can you do about it?
CIPA allows consumers to recover $2,500 in statutory damages for each violation. While each instance of sharing user data without consent could be a separate violation.
Please contact us and we will investigate whether you have a valid claim. If you do, you may be able to recover up to $2,500 for each violation you suffered.
Consumers have filed similar complaints against other companies, claiming that chatbots secretly recorded and shared their personal conversations with third parties.
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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