Los Angeles Times Collects Website Visitors’ Data Without Consent, Class Action Claims

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A proposed class action alleges the Los Angeles Times has used online tracking tools to secretly collect website visitors’ IP addresses since at least February 2023.

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The 61-page privacy lawsuit claims that “each and every time” a consumer interacts with LATimes.com, trackers from three advertising technology companies—TripleLift, GumGum and Audiencerate—are installed on their internet browser without consent. According to the case, these trackers collect visitors’ IP addresses, which can be used to determine the geographic location of their devices.

The complaint contends that the company behind the newspaper, Los Angeles Times Communications LLC, uses this data to deliver targeted advertisements and conduct website analysis, allowing it to maximize revenue at the expense of consumers’ privacy.

Per the suit, the defendant is prohibited under California’s Invasion of Privacy Act (CIPA) from incorporating “pen register” software on its website without prior consent from consumers and without a court order.

A pen register is a device or process that records outgoing information, the filing explains. Pen registers were historically used by law enforcement to track the phone numbers dialed from a particular phone line, but the term’s meaning has broadened as technology has advanced to encompass more types of surveillance devices, the case says.

“For example, if a user sends an email, a ‘pen register’ might record the email address it was sent from, the email address the email was sent to, and the subject line—because this is the user’s outgoing information,” the lawsuit reads.

The suit argues that the TripleLift, GumGum and Audiencerate trackers are considered pen registers within the meaning of the CIPA since they trace users’ outgoing “routing, addressing, or signaling information.”

The lawsuit looks to represent any California residents who accessed LATimes.com within the state and had their IP address collected by the trackers mentioned on this page.

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