Class Actions Allege Old Navy, Norton, Banana Republic Violated Florida Privacy Law by Tracking Website Visitors

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Old Navy, Banana Republic and Norton LifeLock are among the latest companies to face proposed class action cases that allege they’ve unlawfully tracked, recorded or intercepted the “electronic communications” of those in Florida who visit their websites. 

The separate lawsuits, which echo putative class actions filed recently against Home Depot, Fandango and Ray-Ban, allege the defendants have violated the Florida Security of Communications Act by logging website visitors’ mouse movements and clicks, information inputted into the sites, and/or pages and content viewed. According to the respective complaints, the defendants each intercepted Florida website visitors’ electronic communications without their knowledge or consent and for financial gain. 

The lawsuits, which were purportedly filed by the same individual, say the plaintiff visited Old Navy, Banana Republic and Norton’s websites at various times between November and December 2020 and was in Florida during each visit. According to the cases, the defendants each used during the plaintiff’s website visits “tracking, recording and/or ‘session replay’ software” to track the consumer’s movements therein.

“Plaintiff and the putative Class members did not have a reasonable opportunity to discover Defendant’s unlawful interceptions because Defendant did not disclose or seek their consent to intercept the communications,” the similarly worded suits say. 

Under the Florida Security of Communications Act, it is a violation for an entity to “intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept any electronic communication,” the cases relay. The plaintiff and proposed class members had “an expectation of privacy” when they visited the Old Navy, Banana Republic and Norton LifeLock websites and, as a result of the defendants’ conduct, are entitled to liquidated damages of $100 per day for each day of violation of the law or $1,000, whichever is higher. 

Each suit demands the defendants take affirmative steps to preserve “all records, lists, electronic databases or other itemizations associated with the allegations herein” as they relate to the proposed class members’ activities on their websites.

The lawsuits can be found below. 

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