NaviStone, Inc. has been named as a defendant in a proposed class action lawsuit that alleges the online marketing firm and consumer data broker, along with co-defendant New Moosejaw, LLC, illegally observes, collects and stores the information and behaviors of visitors to the outdoor-wear retailer’s website Moosejaw.com. The suit marks the second time this weekNaviStone has been named in litigation over alleged violations of Title I of the federal Electronic Communications Privacy Act of 1986, known as the “Wiretap Act,” which the complaint explains “prohibits the intentional interception of wire, oral, and electronic communications unless specifically authorized by a court order.”
The plaintiff claims that he’s visited Moosejaw’s website several times within the last six months without making any purchases. During each visit, the plaintiff says, the defendants effectively wiretapped his keystrokes, mouse clicks and other behaviors in real time in an attempt to gather personally identifiable, “de-anonymizing” information, such as his postal address and name.
“By intercepting these communications, NaviStone is able to learn the identity of the visitor,” the lawsuit charges. “As NaviStone boasts, it is capable of matching ’60-70% of [retailers] anonymous site traffic to postal names and addresses.”