in Newswire Published on November 24, 2020

‘Eavesdropper’: WorldOfWarcraft.com ‘Wiretapped’ by Blizzard Entertainment, Class Action Alleges

Sacco v. Blizzard Entertainment, Inc. et al.

Filed: November 20, 2020 ◆§ 2:20-at-01155

A class action claims Blizzard Entertainment and Mouseflow, Inc. have illegally "wiretapped" California visitors to WorldOfWarcraft.com.

Defendant(s)

Blizzard Entertainment, Inc. Mouseflow, Inc.

Law(s)

California Invasion of Privacy Act

State(s)

California

Categories

Technology Entertainment Privacy

The electronic communications and actions of those who visit WorldOfWarcraft.com in California have been unlawfully “wiretapped” by Blizzard Entertainment, the role-playing game’s developer, and Mouseflow, Inc., a proposed class action alleges.

The 10-page lawsuit alleges Blizzard and Mouseflow have violated the California Invasion of Privacy Act by embedding within JavaScript code on WorldOfWarcraft.com a tool that allows the companies to secretly observe and record visitors’ keystrokes, mouse clicks, touch gestures, swipes, taps and other communications, including the entry of personally identifiable information, without consent to do so.

The plaintiff, a Roseville, California resident, says he visited the World of Warcraft website two to three times in the state between March and April of this year. While on the site, the plaintiff was unaware that his movements and communications were being intercepted in real time and disclosed to Mouseflow, the suit says.

Per the case, Mouseflow boasts more than 165,000 clients with whom it contracts to provide website tracking software. Mouseflow is described in the suit as a tool that “surreptitiously records, in real time, a website visitor’s interactions on a website.” A feature of Mouseflow, the lawsuit expands, is “Session Replay,” whose recordings include a user’s keystrokes, mouse clicks and movements, scrolls, and other website interactions.

As the case tells it, Mouseflow “functions as a wiretap, and Mouseflow is a self-admitted eavesdropper who uses those wiretaps.”

The lawsuit, which looks to cover those who visited WorldOfWarcraft.com in California and had their electronic communications intercepted by the defendants, echoes putative class action litigation filed of late against WebMD and General Motors over their apparent tracking of visitors to WebMD.com and Chevrolet.com, respectively.

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