Lawsuit Claims CenturyLink Website Visitors in Florida Tracked Without Consent

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A proposed class action claims Lumen Technologies, Inc., formerly known as CenturyLink, has unlawfully intercepted the electronic communications of Florida consumers who’ve visited the company’s website.

According to the lawsuit, which echoes similar suits filed recently against Frontier Airlines, Old Navy, Norton, Banana Republic, Home Depot, Fandango and Ray-Ban, Lumen has used “tracking, recording, and/or ‘session replay’ software” to secretly intercept consumers’ interactions with its website, including their mouse movements and clicks, information inputted into the site, and pages and content viewed.

The case alleges Lumen’s conduct has violated the Florida Security of Communications Act (FSCA) in that the company never obtained consumers’ consent to intercept their electronic communications.

“Such clandestine monitoring and recording of an individual’s electronic communications has long been held a violation of the FSCA,” the complaint attests.

The plaintiff, a Lee County, Florida resident, says she has visited the defendant’s website, centurylink.com, approximately 12 times over the past year while in Florida. During one or more of these visits, the lawsuit alleges, Lumen used “tracking, recording and/or ‘session replay’ software” to intercept the plaintiff’s use of and interactions with the website, including the location, date and time of each visit.

Per the suit, the plaintiff never consented to the interception of her electronic communications through the defendant’s website and was never provided with a “reasonable opportunity” to discover Lumen’s “unlawful interceptions.” The case claims the defendant has similarly recorded and tracked other Florida website visitors’ electronic communications, causing injuries that include the invasion of their privacy and exposure of their private information.

The case looks to cover Florida residents who visited the defendant’s website and whose electronic communications were intercepted by Lumen or on its behalf without their prior consent.

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