Alaska Airlines Illegally Tracks Website Visitors Using ‘Spyware,’ Class Action Alleges
Kauffman V. Alaska Airlines, Inc.
Filed: October 6, 2022 ◆§ 3:22-cv-01525-DMS-AGS
A proposed class action claims Alaska Airlines has illegally utilized "session replay" spyware to record users' interactions with its website.
California
A proposed class action claims Alaska Airlines has illegally utilized "session replay" spyware to record users' interactions with its website.
The 21-page complaint alleges more specifically that Alaska Airlines uses session replay software to secretly capture the mouse clicks and movements, keystrokes, search terms, inputted information, pages and content viewed, scroll movements, and copy and paste actions of those who visit AlaskaAir.com without their knowledge or consent.
Per the suit, Alaska Airlines' use of the “spyware” violates the federal Wiretap Act and California Invasion of Privacy Act given the airline does not obtain permission from consumers before intercepting their electronic communications.
Although session replay technology is typically used to identify broken website features, "the extent and detail" of consumer data collected by Alaska Airlines go far beyond the software's legitimate purpose, the case contends. The filing alleges the company can "record and playback" each browsing session in real-time, "as if someone is looking over Plaintiff's or a Class Members' shoulder when visiting Defendant's website."
According to the complaint, Alaska Airlines can make a detailed profile of each user based off the data it collects. The filing alleges the intercepted information reveals the "personalized and sensitive information about Plaintiff's and Class Member's [sic] internet activity and habits," which the company analyzes for business purposes.
The case argues that consumers reasonably assume that their interactions with the website will be private, especially because Alaska Airlines fails to disclose that it records visitors' online actions.
The lawsuit looks to cover anyone in the United States whose communications were intercepted by Alaska Airlines or its agents.
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