Zappos.com Illegally Tracks Website Visitors Using ‘Spyware,’ Class Action Alleges

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A proposed class action alleges Zappos.com has illegally used “spyware” to surveil website visitors’ browsing habits without their knowledge or consent.

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According to the eight-page lawsuit, the online retailer has deployed “pen register” software on its website to secretly capture users’ IP addresses. The case stresses that Zappos’ alleged collection of IP addresses allows it to determine users’ identities, obtain a significant amount of personal information about them and compile a detailed picture of their online activities.

Per the complaint, a pen register is a device or program that records outgoing “dialing, routing, addressing or signaling information” from a target phone or computer without revealing the actual contents of the communication. Pen registers have been traditionally used by law enforcement to acquire lists of phone numbers dialed from a particular telephone for investigative purposes, the filing notes.

“Because of the massive privacy implications, California law prohibits the deployment of pen register software without first obtaining a court order,” the suit says.

The plaintiff, a California resident who works as a “tester” to ensure companies comply with state privacy laws, claims that when they visited Zappos.com in 2023, the company used pen register software to access and install tracking code on their mobile device without procuring a court order authorizing it to do so.

The case also alleges the retailer failed to secure the plaintiff’s informed consent before deploying spyware to access their device, install tracking software and monitor their online activities.

The lawsuit looks to represent anyone in California who visited Zappos.com during the applicable statute of limitations period and whose privacy was violated as described above.

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