Ray-Ban Website Tracks Visitors Without Consent, Class Action Alleges

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Ray-Ban.com visitors have had their interactions with the website tracked, recorded and/or intercepted by Luxottica of America in violation of a Florida privacy statute, a proposed class action claims. 

The nine-page suit alleges Ray-Ban’s parent company has run afoul of the Florida Security of Communications Act (FSCA) by tracking without authorization how consumers interact with Ray-Ban.com, including their mouse movements and clicks, inputted information and/or pages and content viewed. 

“Defendant did so for its own financial gain and in violation of Plaintiff’s and Class members’ privacy rights under the FSCA,” the suit claims. “Such clandestine monitoring and recording of an individual’s electronic communications has long been held a violation of the FSCA.” 

Per the case, the plaintiff has visited the Ray-Ban website while in Florida approximately twice over the past year, most recently in September 2020. Upon information and belief, the complaint says, the defendant tracked, recorded or used “session replay” software to “intercept” the plaintiff’s interactions with the site, as well as record the individual’s location during and time and dates of each visit. 

The plaintiff, a Palm Beach County, Florida resident, claims to have never consented to have his electronic communications with Ray-Ban.com be intercepted by the defendant “or anyone else.” The case says the plaintiff and proposed class members had no reasonable opportunity to discover Luxottica’s conduct given they were never asked to consent to such. 

Since its initial filing on February 8, the lawsuit has been removed to Florida’s Southern District Court, West Palm Beach Division. 

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