Saucony, Journeys Record Website Visitors’ Chat Communications Without Consent, Lawsuits Claim

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Saucony and Journeys each face a proposed class action that alleges the shoe retailers have unlawfully recorded and disclosed consumers’ communications with the chat feature on their respective websites.

The similarly worded 11-page cases claim defendants Wolverine World Wide, Inc. and Genesco, Inc. have essentially wiretapped shoppers’ private chat conversations on Saucony.com and Journeys.com and allowed third-party vendors to “eavesdrop” on those communications. Per the complaints, consumers have an expectation of privacy when using the defendants’ websites and are never made aware that their “private and deeply personal” conversations are being recorded and shared.

The two cases claim the defendants have “covertly” embedded code on their websites that records and transcribes website visitors’ conversations with the sites’ chat feature, where shoppers often share “highly sensitive personal data,” according to the suits. The lawsuits claim that “at least one independent third-party vendor” is then permitted to “eavesdrop upon” and store consumers’ chat transcripts, all without their knowledge or consent.

The suit claims the shoe retailers have violated the California Invasion of Privacy Act (CIPA).

The cases were filed by a self-proclaimed consumer privacy advocate who, according to the complaints, had “dual motivations” for using the chat features on the defendants’ websites. Per the suits, the individual was interested in the shoe retailers’ products but also works as a “tester” to make sure companies are in compliance with California’s privacy law.

“As someone who advances important public interests at the risk of vile personal attacks, Plaintiff should be ‘praised rather than vilified,’” the complaints state.

The plaintiff looks to represent anyone in California who, within the statute of limitations period, communicated with either of the defendants via the chat feature on Saucony.com or Journeys.com using a cellular telephone and whose communications were recorded or eavesdropped upon without prior consent.

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