USAToday.com Unlawfully Collects Visitor Info via Secret Tracking Software, Class Action Lawsuit Alleges

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A proposed class action lawsuit claims USAToday.com uses third-party tracking software to capture visitors’ personal data without their knowledge or consent.

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According to the 29-page amended complaint, publisher Gannett Co., Inc. has violated California privacy laws by embedding on USAToday.com “pen register” technology that secretly collects and discloses a visitor’s IP address and other personally identifying information.

When a consumer visits USAToday.com, multiple tracking cookies provided by third-party software and advertising companies are automatically installed on the user’s browser, the privacy lawsuit says. The invisible web-trackers transmit the visitor’s IP address—a unique identifier that can be used to determine their device’s geographic location—and other personal data to the companies for use in targeted marketing and website analytics, the suit relays.

Per the case, the web-tracking codes disclose this data each time a consumer accesses USAToday.com. If the user has cleared the cookies from their web browser cache between visits, the trackers are automatically re-installed on their browser when they enter the website again, the complaint adds.

The filing charges that consumers “cannot escape” the defendant’s allegedly unauthorized disclosure of their personal data to third parties.

As the USAToday.com lawsuit tells it, the tracking technology is considered a “pen register” under California’s Invasion of Privacy Act (CIPA), which prohibits the use of such software without obtaining prior authorization and a court order.

The case alleges that the website operator failed to satisfy the CIPA’s clear requirements before installing the tracking tools on USAToday.com.

The suit looks to represent any California residents who, during the applicable statute of limitations period, accessed USAToday.com while in the state and had their IP addresses captured and disclosed by third-party trackers embedded on the website.

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