A proposed class action claims Fandango Media, LLC has overstepped a Florida privacy law by recording and tracking users’ interactions with its website.
According to the case, the defendant, “for its own financial gain,” has used “session replay” or other tracking and recording software to intercept Fandango.com users’ electronic communications, including how they interact with the site, their mouse movements and clicks, the information put into the website and the pages and content viewed. The lawsuit alleges Fandango’s conduct amounts to a violation of the Florida Security of Communications Act (FSCA) in that the defendant has never disclosed its web tracking practices or obtained website users’ consent to track and record their electronic communications.
“Such clandestine monitoring and recording of an individual’s electronic communications has long been held a violation of the FSCA,” the complaint states.
The plaintiff, a Palm Beach County, Florida resident, says he visited Fandango.com three to six times over the past year and a half. During at least one of these visits, Fandango utilized tracking, recording or “session replay” software to track the plaintiff’s interactions with the site, according to the case. The plaintiff says the defendant also recorded his location and the date and time of each visit.
Per the lawsuit, the plaintiff did not provide his consent at any point in time for Fandango to intercept his electronic communications, nor was he given “a reasonable opportunity” to discover the practice as the defendant has not disclosed its “unlawful interceptions.”
The case claims Fandango has similarly intercepted the communications of other Florida consumers and thereby invaded their privacy and exposed their private information.
“Plaintiff and the Class members had an expectation of privacy during their visits to Defendant’s website, which Defendant violated by intercepting their electronic communications with the website,” the complaint alleges.
The lawsuit looks to represent Florida residents who visited Fandango’s website and whose electronic communications were intercepted by the defendant, or on its behalf, without the users’ consent.
Initially filed in Palm Beach County, Florida Circuit Court, the lawsuit has since been removed to the state’s Southern District Court.
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