Zazzle Unlawfully Tracked Website Visitors’ Online Activity, Class Action Alleges

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A proposed class action claims that online retailer Zazzle uses "session replay" software to record consumers' interactions with its website without their knowledge or consent.

The 21-page lawsuit alleges Zazzle has run afoul of the Pennsylvania Wiretapping and Electronic Surveillance Control Act by secretly recording the electronic communications of anyone who visits www.zazzle.com.

As the complaint tells it, Zazzle can track its customers through session replay “spyware” embedded within its website code. As a consumer browses the website, the software captures "their mouse movements and clicks, keystrokes, search terms, information inputted into the website, and pages and content viewed," the case contends. The technology lets Zazzle record a real-time video of the consumer’s entire visit, the suit explains, alleging the company can use these recordings to build a detailed profile of each visitor.

Although session replay software is purportedly used to detect broken website features, the case argues that companies like Zazzle deploy the spyware for their own financial gain. According to one industry expert, the technology allows access to an "unprecedented goldmine of digital data" that can be used for "the interpretation of human behavior online and shaping a future of addictive customer experiences."

Per the suit, Zazzle does not disclose its alleged wiretapping practice to consumers. The plaintiff, a Pennsylvania resident, "reasonably expected" that her visit to zazzle.com would be private because the website did not present a pop-up disclosure or consent form of any sort, the complaint asserts.

At least 5,000 Pennsylvania residents had their electronic communications intercepted by Zazzle, the case claims, scathing that the company’s conduct represents "one of the most egregious examples of such consumer tracking and Internet privacy violations."

Furthermore, the complaint asserts that Zazzle's collection of playback videos may capture sensitive information, exposing consumers to "identity theft, online scams, and other unwanted behavior" if the data gets leaked to third parties.

The lawsuit looks to represent Pennsylvania residents who visited Zazzle's website and had their electronic communications intercepted by the company or on its behalf without their prior consent.

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