Buzzfeed Privacy Lawsuit Claims Site Tracks Visitors’ IP Addresses Without Consent

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Buzzfeed faces a proposed class action lawsuit that alleges the popular news and entertainment website has violated a California privacy law by utilizing at least three different web trackers to collect visitors’ internet protocol (IP) addresses without notice or consent. 

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The 28-page Buzzfeed lawsuit accuses the website of violating the California Invasion of Privacy Act by installing onto Buzzfeed.com visitors’ web browsers the Sharethrough, IQM and Dotomi trackers, which capture certain identifying information, including IP addresses. The web trackers are described in the lawsuit as “designed to analyze Website data and marketing campaigns, conduct targeted advertising, and boost [Buzzfeed’s] revenue,” all through their secret collection of consumers’ data, the case claims. 

Each of these trackers amounts to a “pen register” under the California Invasion of Privacy Act given that it captures a visitor’s dialing, routing, addressing, or signaling information, the filing contends. In particular, the privacy law prohibits the installation of a “pen register or a trap and trace device without first obtaining a court order,” the case says. 

“In plain English, a ‘pen register’ is a ‘device or process’ that records outgoing information, while a ‘trap and trace device’ is a ‘device or process’ that records incoming information.” 

Per the suit, a user’s IP address enables their device to communicate with another device, and the identifier contains geographical data through which their state, city and zip code can be determined. Like a telephone number, the case says, an IP address provides marketers with a level of specificity that greatly enhances their targeted advertising capabilities. 

The lawsuit accuses Buzzfeed of having utilized the code of the aforementioned trackers in its website since at least June 2019, if not earlier. 

“At no time prior to the installation and use of the Trackers on Plaintiff’s and Class Members’ browsers, or prior to the use of the Trackers, did Defendant procure Plaintiff’s and Class Members’ consent for such conduct,” the complaint alleges. “Nor did Defendant obtain a court order to install or use the Trackers.” 

The lawsuit looks to cover all California residents who accessed Buzzfeed.com in the state and had their IP address collected by any of the Sharethrough, IQM or Dotomi trackers. 

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