Visionworks Secretly Shares Website Visitors’ Health Info with Meta, Class Action Alleges
Sharma et al. v. Visionworks of America, Inc.
Filed: February 23, 2024 ◆§ 5:24-cv-00206
A class action alleges Visionworks secretly shares private details about its website visitors with third parties, including Meta.
Wiretap Act Pennsylvania Wiretapping and Electronic Surveillance Control Act Texas Criminal Wiretap Act
Texas
A proposed class action alleges Visionworks secretly shares private details about its website visitors with third parties, including Meta (formerly Facebook).
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According to the 54-page class action lawsuit, consumers can use Visionworks.com to purchase prescription and non-prescription eyewear, schedule eye examinations and browse informational articles about eye health. However, unbeknownst to users, the Texas-based optical chain tracks their interactions with the site and sends these communications to Meta, the case contends.
The result, the complaint argues, is that Visionworks discloses confidential health information about its customers, including which items they viewed or added to their digital shopping carts, when and where they scheduled eye exams or the text they entered into the website’s search bar.
“Descriptions and summaries of medical products, scheduled medical appointments, and queries relating to such are private information, indicating the health status and concerns of users,” the filing says.
The complaint alleges Visionworks transmits user data using a piece of code known as the Meta pixel. Per the filing, tracking tools like the Meta pixel can be used by both the website operator and the social media giant to collect highly personalized information about consumers that can be used for advertising purposes.
The lawsuit claims the defendant has violated state and federal wiretapping laws by failing to obtain consent before sharing consumers’ private data with third parties. Moreover, as a HIPAA-covered entity, Visionworks was prohibited from using online tracking technologies in a manner that allows third parties access to patients’ protected health information without permission, the case contends.
Per the complaint, the defendant also uses the Meta pixel to share users’ identities with the social media company. The suit explains that the pixel does so by disclosing an individual’s Facebook User ID (UID) number, which is a unique identifier that links to their Facebook profile.
“Once the pixel’s routine exchange of information is complete, the UID that becomes available can be used by any individual of ordinary skill and technical proficiency to easily identify a Facebook user, by simply appending the Facebook UID to www.facebook.com (e.g.,www.facebook.com/[UID_here]),” the filing explains. “That step, readily available through any internet browser, will direct the browser to the profile page, and all the information contained in or associated with the profile page, for the user associated with the particular UID.”
The complaint stresses that by sharing consumers’ UIDs, Visionworks has allowed third parties “quick and unfettered access” to their Facebook account information, which often contains their full names, personal photos, gender and other private information.
The lawsuit looks to represent anyone in the United States whose searches and activity on Visionworks.com were intercepted, stored and shared through the use of tracking tools.
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