Software Company Quantum Metric Under Fire for Alleged Tracking of CVS Website Users’ Online Activity

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A new class action lawsuit claims marketing software company Quantum Metric has illegally “wiretapped” the electronic communications of CVS.com visitors without their knowledge or consent.

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The 25-page proposed class action alleges “session replay” technology and other analytics tools embedded into CVS.com allow Quantum Metric to track website visitors’ interactions with the site in real time and record their movements for later playback and analysis. The suit contends that, by “eavesdropping upon” users’ personal communications, the company has run afoul of several state privacy laws.

According to the case, Quantum Metric’s web-tracking technology is designed to capture keystrokes, mouse clicks and the URLs of any pages a user visits. The complaint points out that, by collecting URLs, in particular, the company can also record sensitive data, such as a visitor’s prescription medications, dosage details or search queries.

Quantum Metric can then use the tracking software to aggregate the information into a “video recording” of a visitor’s full session on CVS.com, the filing says.

In addition, the lawsuit charges that the captured data is hardly anonymous, as the company also collects the name of a user’s account and their IP address, which can be used to determine a device’s geographic location.

Per the suit, the tracking technology begins operating the moment a consumer lands on the website. As such, visitors are not notified of Quantum Metric’s alleged “wiretapping,” nor are they presented with an opportunity to consent, the case asserts.

The complaint argues that the web-tracking software puts consumers’ private data at risk of further disclosure down the line. The filing claims that “once [Quantum Metric] captures these electronic communications, it has the capability to analyze the electronic communications of Website users and further divulge those communications to other third parties, such as Google and Adobe.”

The lawsuit looks to represent anyone in California or Pennsylvania who visited CVS.com while in those states and whose electronic communications were intercepted or recorded by Quantum Metric during the applicable statute of limitations period.

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