Coding class – Eyebill For You http://eyebillforyou.com/ Thu, 20 Oct 2022 09:22:14 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://eyebillforyou.com/wp-content/uploads/2021/10/icon-12-120x120.png Coding class – Eyebill For You http://eyebillforyou.com/ 32 32 Duane Morris LLP – A series of class action lawsuits alleging wiretapping violations target companies that track user activity on their websites https://eyebillforyou.com/duane-morris-llp-a-series-of-class-action-lawsuits-alleging-wiretapping-violations-target-companies-that-track-user-activity-on-their-websites/ Mon, 10 Oct 2022 16:21:38 +0000 https://eyebillforyou.com/duane-morris-llp-a-series-of-class-action-lawsuits-alleging-wiretapping-violations-target-companies-that-track-user-activity-on-their-websites/ At least 15 states require mutual consent for any recording, which means the interception is “unauthorized” if the intercepting party has not obtained consent from everything parties to the communication. A new wave of class action lawsuits filed in California, Pennsylvania and Florida targets companies that use technology to track user activity on their websites, […]]]>

At least 15 states require mutual consent for any recording, which means the interception is “unauthorized” if the intercepting party has not obtained consent from everything parties to the communication.

A new wave of class action lawsuits filed in California, Pennsylvania and Florida targets companies that use technology to track user activity on their websites, alleging that such practices, when carried out without obtaining the consent of user, violate the electronic interception provisions of various state laws. The two technologies involved are: 1) session replay software and 2) coding tools built into chat functionality. Session replay software tracks a user’s interactions with the website (clicking, scrolling, swiping, hovering, and typing) and creates a styled record of those interactions and inputs. Coding tools create and store transcripts of user conversations in a website’s chat function. The plaintiffs in this new class action lawsuit allege that recording their interactions with a website and sending that recording to a third party for analysis without their consent constitutes an unlawful invasion of their privacy.

State Wiretapping Laws

The plaintiffs base their claims under the electronic interception provisions of state laws, for example, the California Invasion of Privacy Act, the Pennsylvania Wiretapping and Electronic Surveillance Act, and the Florida Security of Communications Act. Generally, these wiretap laws prohibit the unauthorized interception or disclosure of electronically transmitted communications. At least 15 states require mutual consent for any recording, which means the interception is “unauthorized” if the intercepting party has not obtained consent from everything parties to the communication.[1] It is in these states of bipartisan consent that plaintiffs driving this new litigation trend allege that a company’s recording or storage of its interactions with a website (for exampletheir clicks, scrolls and chat entries) and sending these recordings to a third party for analysis without their prior consent is illegal.

Recent Ninth and Third Circuit Rulings

Recent rulings from the Ninth and Third Circuits are fueling the wave of lawsuits alleging violations of state wiretap laws. In May, the Ninth Circuit was held at Javier v Insurance IQ, LLC that California’s invasion of privacy law requires prior consent and has explicitly rejected the argument that this wiretap law allows a company to obtain consent for the use of session replay after recording starts. However, the Ninth Circuit has not commented on what would amount to effective consent for websites to use session response software under the wiretap law.

A few months later, the third circuit of Popa Gifts vs. Harriet Carter ruled that an electronic interception violating the Pennsylvania Wiretapping and Electronic Surveillance Act occurred when the plaintiff visited a website to purchase a pet product and her interactions on that site were recorded and forwarded to a company third-party marketing. The Third Circuit further found that the location of the interception was the plaintiff’s browser, rejecting the defendants’ argument that the wiretap law did not apply because the third-party marketing company’s servers – where the information was sent – were located in Virginia. Thus, if other circuits follow the approach of the third circuit, companies could be held liable under a state wiretap law whenever a user accesses their website from that state.

The risks posed by lawsuits

This new wave of lawsuits alleging wiretap violations threatens to subject the companies to a substantial amount of penalties. Fines range from $1,000 to $50,000 per offense, depending on the state. Since a violation arguably occurs every time a user accesses a website in one of these states, the amount of penalties a business can face can skyrocket quickly. For example, in each of the three lawsuits filed so far in Pennsylvania, the class allegedly consisted of more than 5,000 plaintiffs.

What guarantees can companies use?

Companies can use several proactive measures to protect them from exposure to a class action lawsuit or potential fines under state wiretapping laws.

  • First, because user consent is a defense under state wiretap laws, companies should review the terms of service and privacy policies of their websites and determine whether they provide substantial information about how a user’s interactions with the website are recorded and shared with service providers.
    • Companies should ensure that the disclosure of these terms is prominent enough to enforce user consent. Since there is not yet a clear standard as to what constitutes enforceable consent to the use of these technologies, obtaining affirmative consent from website users before commencing any chat recording or transcription may be the best protection against lawsuits alleging violations of state wiretap laws.
    • Additionally, companies can negotiate indemnification rights when selecting a provider of software that tracks user interactions on the website.
  • Second, companies should have a lawyer review what defenses exist under relevant laws. The case law in this area is still developing, and each state wiretapping law provides an array of defenses, ranging from demonstrating that a user has expressly or impliedly consented to the use of the technology, to establishing that the party charged with intercepting or disclosing an electronic communication was a direct party to the communication.

About Duane Morris

Duane Morris attorneys assist clients both in enforcing safeguards that will prevent them from facing a lawsuit alleging a wiretap breach and in defending any wiretap lawsuit brought against them.

For more information

If you have any questions about this Alertplease contact J. Colin Knisely, Michael S. Zullo, Gerald L. Maatman, Jr., one of the attorneys in our trial practice group, or the attorney at the firm with whom you are in regular contact.

Remarks

[1] California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont and Washington.

Disclaimer: This alert has been prepared and posted for informational purposes only and is not offered, nor should it be construed, as legal advice. For more information, please see the company’s full disclaimer.

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Wave of class-action lawsuits alleging wiretapping violations targets companies that track user activity on their websites https://eyebillforyou.com/wave-of-class-action-lawsuits-alleging-wiretapping-violations-targets-companies-that-track-user-activity-on-their-websites/ Mon, 10 Oct 2022 16:18:45 +0000 https://eyebillforyou.com/wave-of-class-action-lawsuits-alleging-wiretapping-violations-targets-companies-that-track-user-activity-on-their-websites/ A new wave of class action lawsuits filed in California, Pennsylvania and Florida targets companies that use technology to track user activity on their websites, alleging that such practices, when carried out without obtaining the consent of user, violate the electronic interception provisions of various state laws. The two technologies involved are: 1) session replay […]]]>

A new wave of class action lawsuits filed in California, Pennsylvania and Florida targets companies that use technology to track user activity on their websites, alleging that such practices, when carried out without obtaining the consent of user, violate the electronic interception provisions of various state laws. The two technologies involved are: 1) session replay software and 2) coding tools built into chat functionality. Session replay software tracks a user’s interactions with the website (clicking, scrolling, swiping, hovering, and typing) and creates a styled record of those interactions and inputs. Coding tools create and store transcripts of user conversations in a website’s chat function. The plaintiffs in this new class action lawsuit allege that recording their interactions with a website and sending that recording to a third party for analysis without their consent constitutes an unlawful invasion of their privacy.

State Wiretapping Laws

The plaintiffs base their claims on the electronic interception provisions of state statutes, for example, the California Invasion of Privacy Act, the Pennsylvania Wiretapping and Electronic Surveillance Act, and the Florida Security of Communications Act. Generally, these wiretap laws prohibit the unauthorized interception or disclosure of electronically transmitted communications. At least 15 states require mutual consent for any recording, which means the interception is “unauthorized” if the intercepting party has not obtained consent from everything parties to the communication. It is in these states of bipartisan consent that plaintiffs driving this new litigation trend allege that a company’s recording or storage of its interactions with a website (for exampletheir clicks, scrolls and chat entries) and sending these recordings to a third party for analysis without their prior consent is illegal.

Recent Ninth and Third Circuit Rulings

Recent rulings from the Ninth and Third Circuits are fueling the wave of lawsuits alleging violations of state wiretap laws. In May, the Ninth Circuit was held at Javier v Insurance IQ, LLC that California’s invasion of privacy law requires prior consent and has explicitly rejected the argument that this wiretap law allows a company to obtain consent for the use of session replay after recording starts. However, the Ninth Circuit has not commented on what would amount to effective consent for websites to use session response software under the wiretap law.

A few months later, the third circuit of Popa Gifts vs. Harriet Carter ruled that an electronic interception violating the Pennsylvania Wiretapping and Electronic Surveillance Act occurred when the plaintiff visited a website to purchase a pet product and her interactions on that site were recorded and forwarded to a company third-party marketing. The Third Circuit further found that the location of the interception was the plaintiff’s browser, rejecting the defendants’ argument that the wiretap law did not apply because the third-party marketing company’s servers – where the information was sent – were located in Virginia. Thus, if other circuits follow the approach of the third circuit, companies could be held liable under a state wiretap law whenever a user accesses their website from that state.

The risks posed by lawsuits

This new wave of lawsuits alleging wiretap violations threatens to subject the companies to a substantial amount of penalties. Fines range from $1,000 to $50,000 per offense, depending on the state. Since a violation arguably occurs every time a user accesses a website in one of these states, the amount of penalties a business can face can skyrocket quickly. For example, in each of the three lawsuits filed so far in Pennsylvania, the class allegedly consisted of more than 5,000 plaintiffs.

What guarantees can companies use?

Companies can use several proactive measures to protect them from exposure to a class action lawsuit or potential fines under state wiretapping laws.

  • First, because user consent is a defense under state wiretap laws, companies should review the terms of service and privacy policies of their websites and determine whether they provide substantial information about how a user’s interactions with the website are recorded and shared with service providers.
    • Companies should ensure that disclosure of these terms is sufficiently prominent to enforce user consent. Since there is not yet a clear standard as to what constitutes enforceable consent to the use of these technologies, obtaining affirmative consent from website users before commencing any chat recording or transcription may be the best protection against lawsuits alleging violations of state wiretap laws.
    • Additionally, companies can negotiate indemnification rights when selecting a provider of software that tracks user interactions on the website.
  • Second, companies should have a lawyer review what defenses exist under relevant laws. The case law in this area is still developing, and each state wiretapping law provides an array of defenses, ranging from demonstrating that a user has expressly or impliedly consented to the use of the technology, to establishing that the party charged with intercepting or disclosing an electronic communication was a direct party to the communication.
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After 25 years, StarQuest rebrands as Stelo and continues to bring enterprise-class data replication to global organizations https://eyebillforyou.com/after-25-years-starquest-rebrands-as-stelo-and-continues-to-bring-enterprise-class-data-replication-to-global-organizations/ Thu, 06 Oct 2022 13:00:00 +0000 https://eyebillforyou.com/after-25-years-starquest-rebrands-as-stelo-and-continues-to-bring-enterprise-class-data-replication-to-global-organizations/ Stelo, known for its proven software and best-in-class service, provides dynamic data replication and support from anywhere to anywhere SAN FRANCISCO, October 6, 2022 /PRNewswire/ — StarQuest Ventures today announced that the company has rebranded itself as Stelo as it moves toward the future of enterprise-class data replication. The company has evolved its leading solution, […]]]>

Stelo, known for its proven software and best-in-class service, provides dynamic data replication and support from anywhere to anywhere

SAN FRANCISCO, October 6, 2022 /PRNewswire/ — StarQuest Ventures today announced that the company has rebranded itself as Stelo as it moves toward the future of enterprise-class data replication. The company has evolved its leading solution, Stelo Data Replicator (formerly SQDR) for near real-time data replication over the past 30 years. Today, Stelo reliably delivers unlimited, stable, near real-time data synchronization or replication without requiring additional coding or professional service engineers to implement.

IT managers face ever-increasing challenges, whether managing legacy data, managing growing amounts of new siled data, or navigating unstructured data lakes. To address these challenges, Stelo connects systems with a scalable solution for business intelligence analytics, reporting and forecasting, or for managing business operations, B2B interactions and supply chains. With Stelo, organizations have a tool that is easy to integrate, simple to use, and incredibly powerful.

All data. All sources. All targets. No limits. No friction. Interested in Stelo Data Replicator? Schedule a demo today.

“Stelo is a new name that will evolve with us in the future as we help our customers create the collaborative data ecosystems that power resilient organizations,” said Paul Rampel, President Stelo. “Meanwhile, we’re maintaining the robust solutions and 24/7/365 personal service and support that our customers know and love.”

A complete solution for growing organizations and data ecosystems
The Steel provides reliable, fast, and affordable replication for any relational database accessed through ODBC and non-relational databases via Kafka, Delta Lakes and flat file formats. Steel takes advantage of native data loading capabilities and leverages multi-threaded processing to provide fast and reliable performance for simultaneous replication of multiple tables. Unlike competitors, Stelo’s The flexible licensing model is designed to grow with organizations rather than lock users into static deployments.

For decades, Stelo has invested in learning new repositories and taking a vendor-agnostic approach to integration, continually allowing users to maintain the systems of their choice while easily adding a world-class replication tool. Stelo takes full advantage of open standards such as DRDA, SQL, ODBC and JDBC to maximize compatibility and interoperability within an enterprise network. As an active member of the software industry consortium The Open Group, Stelo has supported the adoption of DRDA as the industry standard for database interoperability.

Stelo’s simplified application deployment means that getting a project started typically takes hours, not days. Once running, Stelo runs in the background without the need for dedicated technical support for maintenance or management.

The company’s new branding paves the way for future updates and upgrades to Stelo Data Replicator with emerging demands from the delta lakes. Subscribe to stay up to date.

For more information, visit https://www.stelodata.com/.

About Stelo
Stelo, (formerly StarQuest), provides cost-effective solutions for maximum data agility. Proven over the past 25 years, Stelo is built to fit budgets, requires no programming, and is backed by a customer service team with the expertise required for successful deployments.

SOURCE Stelo

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Google Class Action Over Android Cellular Data Usage Dismissed https://eyebillforyou.com/google-class-action-over-android-cellular-data-usage-dismissed/ Wed, 05 Oct 2022 21:03:56 +0000 https://eyebillforyou.com/google-class-action-over-android-cellular-data-usage-dismissed/ (Photo credit: Nadir Keklik/Shutterstock) Update: A California federal judge has dismissed allegations that Google illegally passed Android users’ cellular data to each other. U.S. District Judge Virginia K. DeMarchi ruled that the consumer class failed to demonstrate that they had proprietary rights to the cellular data or suffered harm. Consumers argued that cellular data was […]]]>
(Photo credit: Nadir Keklik/Shutterstock)

Update:

  • A California federal judge has dismissed allegations that Google illegally passed Android users’ cellular data to each other.
  • U.S. District Judge Virginia K. DeMarchi ruled that the consumer class failed to demonstrate that they had proprietary rights to the cellular data or suffered harm.
  • Consumers argued that cellular data was their property in the same way electricity and water consumption are considered property under California law.
  • Judge DeMarchi determined, however, that the benefits of having contractual rights are not the same as personal property, which they said would be necessary to support claims against Google.
  • Consumers originally filed the class action lawsuit against Google in November 2020 before it was later dismissed with leave to vary in October 2021.

(13 Nov 2020)

According to a recent class action lawsuit, Google tracking is a “dirty little secret” built into the operating system of Android phones.

Plaintiffs Joseph Taylor, Edward Mlakar, Mick Cleary and Eugene Alvis allege that Google unfairly used their cellular data to track their information. This location data – which represents a real cost to complainants and other consumers – would be used by Google to generate billions in annual profits.

Google would accomplish this through the Android operating system it designed. Without any action from Android device owners, their cell phones would use cellular data to transfer location data information to Google.

According to the complainants, this happens at all hours of the day — even if users take the time to move Google apps into the background, close those programs, or turn off location sharing.

Google’s tracking class action lawsuit notes that this data transmission could easily be delayed until Android users are connected to Wi-Fi. However, according to the plaintiffs, Google ignored this fact and “deliberately coded “the Android operating system to use expensive cellular data to passively transfer location data at all times.

“Google effectively forces these users to subsidize its surveillance by covertly programming Android devices to continuously transmit user information to Google in real time, thereby appropriating valuable cellular data that users have purchased,” the class action alleges. Google tracking.

“Google does this, to a large extent, for its own financial benefit, and without informing users or asking for their consent.”

This Google tracking system would cause financial damage to consumers by appropriating cellular data that Android users have paid for.

With passive use, the system allegedly transfers 4.4MB of data per day, or 130MB of data each month, to Google’s servers. With active use, around 11.6MB of data would be transferred to Google every day, or around 350MB per month.

These numbers would be much lower for iPhone operating systems, transferring about one-sixteenth the amount of data with passive use and half the data with active use.

Most users pay a monthly fee for a fixed amount or an unlimited line of cellular data.

Even with unlimited data, a data usage threshold can come with speed restrictions or even fines.

Although it does not pay a monthly fee for cellular allowances, Google allegedly interfered with this property for its own benefit.

To make matters worse, Android users like the plaintiffs would have no say in this costly scheme and would be powerless to stop it.

The plaintiffs claim that, although they never gave their consent, Google designed the Android operating system to make this constant and costly data sharing a “mandatory and unavoidable burden”.

Google’s terms and services and other policies allegedly support this system by allegedly creating binding contracts. The plaintiffs challenge the validity of these contracts, noting that users like themselves have no choice but to accept the terms and policies if they want to use the Android devices they have purchased.

“Even though Google’s policies and terms of service are valid contracts, they do not alert users that Android devices will use up their cellular data allowances unnecessarily,” claims Google’s tracking class action lawsuit.

“While Google informs users of certain transfers of personal information when they are actively engaged with their devices, its extensive ‘privacy’ policies are silent on mandatory and passive information transfers and the means by which they produce.”

According to the complainants, Google tracking data is used to personalize ads targeted to phone users. These advertisements would be preloaded using additional cellular data.

In their class action lawsuit, the plaintiffs argue that Google should compensate them and a proposed class for the fair market value of the data used in addition to the value of their personal location used by the company to make a profit.

Android users seek to represent a class of Android users – excluding California citizens – who have used their mobile device to access the Internet using their provider’s cellular data.

Do you have an Android phone? Are you worried about Google tracking your location without your consent? Share your thoughts in the comments section below.

The Plaintiffs and the Proposed Class are represented by Ann Ravel of McManis Faulkner; Glen E. Summers, Karma M. Giulianelli and Alison G. Wheeler of Bartlit Beck LLP; and George A. Zelcs, Robert E. Litan, Ryan Z. Cortazar, Michael E. Klenov and Karol O’Keefe of Korein Tillery LLC.

The Google Tracking Class Action is Joseph Taylor, et al. against Google LLC, Case No. 5:20-cv-07956, in the U.S. District Court for the Northern District of California.



Learn more about class actions and class action settlements:

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a source of legal information that reports on class action lawsuits, class action settlements, drug-related injury lawsuits, and product liability lawsuits. Top Class Actions does not handle claims and we cannot advise you on the status of a class action settlement claim. You should contact the Settlement Administrator or your attorney for any updates regarding the status of your claim, the Claim Form, or questions about when payments should be mailed.




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Meet the class of 2026 https://eyebillforyou.com/meet-the-class-of-2026/ Tue, 04 Oct 2022 19:37:05 +0000 https://eyebillforyou.com/meet-the-class-of-2026/ As the Class of 2026 joins the University of Chicago community, six College freshmen share stories about their diverse upbringings, myriad interests and aspirations for their time in Hyde Park. Reece Baker Reece Baker finished second in the Kansas high school pole vault competition last spring and aspires to achieve a national college ranking. As […]]]>

As the Class of 2026 joins the University of Chicago community, six College freshmen share stories about their diverse upbringings, myriad interests and aspirations for their time in Hyde Park.

Reece Baker

Reece Baker finished second in the Kansas high school pole vault competition last spring and aspires to achieve a national college ranking.


As a class valedictorian in Lansing, Kan., Baker brings more than just athletic skills to campus and looks forward to all the academic challenges the College has to offer.

“UChicago is one of the most prestigious schools not only in the United States, but in the world, and to have the privilege of being accepted here was a true honor,” she said.

Baker overcame significant adversity to get to where she is today. On July 11, 2019, at the age of 15, he was diagnosed with Hodgkin’s lymphoma.

Her tumor had spread the full length of her right lung, wrapped around her esophagus and was beginning to descend into her left lung. To treat a tumor that had spread rapidly in her lungs, she began the first of what would eventually be 50 cycles of chemotherapy, along with a myriad of steroids and medications.

After three months of treatment and two years of follow-up, Baker’s cancer is now in complete remission.

“Coming from a strong military family, I have become extremely resilient, focused and disciplined,” she said. “I feel like those attributes have helped shape who I am and what I stand for.”

Outside of her athletic pursuits, Baker said she enjoys reading books by UChicago alum Kurt Vonnegut, as well as challenging herself with online French lessons. She also hopes to pursue research in pharmaceutical oncology.

“Surviving cancer inspired me to live life to the fullest and never let a single opportunity slip through my fingers,” she said. “I am fortunate to be part of UChicago and appreciate all of the generous donors who have made this opportunity possible.”

Rishi Basu

For as long as he can remember, Rishi Basu has been fascinated by cars. Influenced by his father, who was also a car enthusiast, he grew up on Top Gear UK and Car&Driver magazines and even learned the mat using the horsepower and torque figures of his favorite models.


Basu’s childhood interest became a big part of his identity, which led him to discover his deep passion for engineering.

During his gap year after high school, Basu worked for a year as a software engineering intern for Nobias Therapeutics, a Bay Area pharmaceutical startup, where he helped develop a form of machine learning for drug discovery. Prior to the start of this internship, he worked in the sales room of a car dealership, where he sold 28 vehicles in two months and was in the top half of the dealership’s sales board.

Spending a lot of time away from home helped Basu learn the skills he needed to live independently. Those skills came in handy when he started working on his first car: a 2004 Volvo C70 HPT Cabriolet he bought in Santa Cruz, California, which he used to commute to work at Nobias.

With the help of a local independent Volvo shop in Sunnyvale, California, and some friends at Stanford, Basu learned all he could about the vehicle by uncovering issues and improving performance.

“The process of learning and performing DIY repairs was frustrating on many occasions, but gradually I gained confidence,” he said. “I’ve realized that owning a car and caring for it (and maybe a few tasteful modifications) allows you to create a bond similar to everything we put effort into – relationships, work, our houses and our projects of all kinds.”

Basu said his gap year was transformative. For one calendar year, he lived in four different places, had roommates ranging in age from 27 to 72, made friends in “the most random way”, fell in love with San Francisco and discovered a little which makes him really happy in “this great adventure that is life.

“I really think more students should consider taking a gap year before college. Giving yourself the freedom to occupy some of the unstructured time as you wish can open up many potential opportunities,” he said. “My last fifteen months have been a gift and I wouldn’t trade them for anything in the world.”

Alexander Bilochenko

For the past four years, Alexander Bilochenko has been stationed in Yokosuka, Japan as part of his service in the United States Navy. It was an experience that taught him the importance of teamwork and helping others.


“Despite political, religious, economic, ethnic, gender and other differences, we have learned to unite and accomplish our mission,” Bilochenko said.

Bilochenko has traveled the world throughout his life – he was born in Ukraine, immigrated to Arizona at the age of 10 and began serving in the US Navy in 2016, later visiting several countries in South Asia. Southeast with his fellow sailors. He looks forward to spending the next four years in Chicago.

While deployed, Bilochenko read books by current and former UChicago professors Steven Levitt, Richard Thaler and Mihaly Csikszentmihalyi. He said he particularly enjoys listening to Freakonomics Radio, a spin-off of the book Levitt co-wrote with the same name.

“As my military obligation was coming to an end, I did a lot of soul-searching and decided it was time to join the intellectual giants who had already taught me so much,” he said.

With his naval contract set to end in October, Bilochenko applied to UChicago, attracted by its nationally leading veterans program, as well as the Kenneth C. Griffin Department of Economics and the Booth School of Business. He became even firmer in his decision after seeing UChicago’s support for the Ukrainian community after the Russian invasion.

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Class-action lawsuits accuse companies of logging browser and chat activity https://eyebillforyou.com/class-action-lawsuits-accuse-companies-of-logging-browser-and-chat-activity/ Fri, 30 Sep 2022 17:57:11 +0000 https://eyebillforyou.com/class-action-lawsuits-accuse-companies-of-logging-browser-and-chat-activity/ Browser Logging Class Actions Overview: Who: Hot Topic, Meta Platforms, Michaels, Pet Supplies Plus, Microsoft, GameStop, Zillow, Lowes and Expedia were accused this month of tracking the browser activity of visitors to their website. Why: Consumers accuse the companies of secretly tracking activity, with some allegedly sharing the information with third parties. Where: Alleged browser […]]]>

Browser Logging Class Actions Overview:

  • Who: Hot Topic, Meta Platforms, Michaels, Pet Supplies Plus, Microsoft, GameStop, Zillow, Lowes and Expedia were accused this month of tracking the browser activity of visitors to their website.
  • Why: Consumers accuse the companies of secretly tracking activity, with some allegedly sharing the information with third parties.
  • Where: Alleged browser logging is happening nationwide.

Consumers filed several class action lawsuits this month against companies accused of failing to obtain consent before illegally recording and then often sharing their website user activity with third parties like Facebook.

Consumers have argued that companies including Hot Topic, GameStop, and Zillow, among others, use software to track, record, and share both the private browsing activities and chat conversations of website visitors.

Consumers say companies share browser activity with third-party companies like Facebook to help monetize data and increase the effectiveness of things like targeted advertising.

Hot Topic accused of secretly bugging website visitors for financial gain

A Hot Topic customer filed a class action lawsuit against the company earlier this month, claiming the company illegally recorded chat conversations of people who have used the chat function of its website.

The complaining customer claims that Hot Topic uses a third-party company to covertly tap the communications of its website visitors in order to harvest their data for its own financial benefit.

The lawsuit accuses Hot Topic of secretly embedding a code into its website’s chat function that allows the company to automatically record and create a transcript of a private conversation.

“Visitors would be shocked and dismayed to know that the defendant is secretly recording these conversations and paying a third party to listen to them in real time under the guise of ‘data analytics,'” the Hot Topic class action lawsuit states.

Meta class action alleging browser registration filed this month

Also this month, a class action lawsuit filed against Meta Platforms Inc. alleges that the company intercepts, monitors and records users’ private browser activity through its Facebook application.

Consumers behind the class action allege that Meta redirects users who click on a link to an external website to its own in-app browser to secretly intercept data it allegedly uses to help generate revenue advertising and exploiting data for profit.

The consumers behind the class action claim that Meta, through JavaScript code, intercepts data, including text entries, passwords and other confidential and personally identifiable information.

Meta fails to inform Facebook users, including those who opt out of tracking, that it monitors and records their activity outside of the app, the Meta class action alleges.

Michaels class action lawsuit accuses retailer of using ‘session replay’ software

A consumer filed a class action lawsuit against Michaels Stores Inc. earlier this month for allegedly using “session replay” software to unlawfully intercept customer interactions on its website.

The consumer behind the complaint alleges that the software used by Michaels is not a traditional cookie or analytics tool, but rather “sophisticated computer software” that allows it to track website users across multiple manners.

Michaels allegedly uses the data to create what amounts to a video replay of a customer’s entire visit to its website.

The consumer argues that if personal information were to leak, users of the Michaels website would be exposed to a number of privacy risks, including identity theft and various online scams.

Pet Supplies Plus allegedly uses Microsoft to track website visitors

Also this month, Pet Supplies Plus and Microsoft faced allegations from one of Pet Supplies’ customers that the companies worked together to secretly wiretap visitors on the Pet Supplies Plus website.

The customer claims that Pet Supplies Plus has instructed Microsoft and other third-party vendors to embed JavaScript coding on its website that allows it to record the browser activity of visitors to its website.

The client accuses Pet Supplies Plus of using the code to track electronic communications such as mouse movements, keystrokes and alleges that Microsoft listens to visitors to all of its clients’ websites, including Pet Supplies Plus.

“After intercepting and capturing website communications, the PSP and Session Replay providers use these website communications to re-create the website visitors entire visit to www.petsuppliesplus.com,” states the Pet Supplies Plus class action lawsuit.

Class action claims retailer GameStop shares transcripts of private conversations with third-party data harvester

Meanwhile, a consumer alleges that GameStop secretly creates transcripts of private conversations made on the chat function of its website before sharing them with a third party data collector.

The consumer claims that GameStop is sharing the secret transcripts with Zendesk, a third-party company he claims is known to boast of its data-gathering prowess.

GameStop customers would be “shocked and appalled” if they knew the company was secretly recording their conversations, according to the GameStop class action lawsuit, which alleges the company is engaging in conduct that is both “unlawful and offensive.”

“Given the nature of Defendant’s business, visitors to the Website generally share highly personal and sensitive data with Defendant when using the Website’s chat function,” the GameStop class action lawsuit states.

Zillow, Lowes and Expedia reportedly use spyware to track website visitor interactions

Also this month, Zillow, Lowes and Expedia each faced class action lawsuits arguing that they used spyware to secretly track user interactions on their respective websites.

The consumer behind each of the three individual complaints alleged that Zillow, Lowes and Expedia used spyware called “session replay” to intercept website interactions such as keystrokes and mouse movements, between others.

What do you think about claims that companies are logging users’ browser activity and site interactions? Let us know in the comments!



Learn more about class actions and class action settlements:

We tell you about the money you can claim EVERY WEEK! Subscribe to our free newsletter.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a source of legal information that reports on class action lawsuits, class action settlements, drug-related injury lawsuits, and product liability lawsuits. Top Class Actions does not handle claims and we cannot advise you on the status of a class action settlement claim. You should contact the Settlement Administrator or your attorney for any updates regarding the status of your claim, the Claim Form, or questions about when payments should be mailed.




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Sixth grader in Bethel embarks on a gardening project https://eyebillforyou.com/sixth-grader-in-bethel-embarks-on-a-gardening-project/ Thu, 29 Sep 2022 17:37:46 +0000 https://eyebillforyou.com/sixth-grader-in-bethel-embarks-on-a-gardening-project/ September 29, 2022 Hits: 77 Sixth grade students from Chelsie Eldreth’s class in Bethel have completed a project to harvest sunflower seeds which will be replanted next year in raised beds around the school. Eldreth, who teaches CTE classes at Bethel and Valle Crucis Schools, said the project was part of the group’s larger agriculture […]]]>


September 29, 2022


Hits: 77

Sixth grade students from Chelsie Eldreth’s class in Bethel have completed a project to harvest sunflower seeds which will be replanted next year in raised beds around the school.

Eldreth, who teaches CTE classes at Bethel and Valle Crucis Schools, said the project was part of the group’s larger agriculture and gardening curriculum. This project is just a small part of the multitude of opportunities throughout the school year that her students have to gain hands-on experience with all aspects of the planting, growing and harvesting process. The Bethel School Garden joins a list of several around the county that are planted and tended each year by CTE Middle School students.

Eldreth is one of four Watauga County Schools teachers who teach middle school agriculture courses. The district added the agriculture program to the college in 2019 and has seen growth in scope and enrollment. Eldreth said his students look forward to exploring a wide range of projects in their CTE courses over the coming year, including architectural projects, making floor plans for home design, creating solar cars and simple machines, gardening and coding.

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Kaitlin and Thabiso top the class in iLembe ICT Project Launchpad https://eyebillforyou.com/kaitlin-and-thabiso-top-the-class-in-ilembe-ict-project-launchpad/ Thu, 29 Sep 2022 07:00:00 +0000 https://eyebillforyou.com/kaitlin-and-thabiso-top-the-class-in-ilembe-ict-project-launchpad/ Two young locals studying coding – creating instructions for computers – won the iLembe ICT Project Launchpad competition in front of 52 entrants. Thabiso Ndlovu from KwaDukuza and Kaitlin Pillay from Mandeni each won a R10,000 prize. They participated in the competition as part of the iLembe ICT project of the local economic development program […]]]>

Two young locals studying coding – creating instructions for computers – won the iLembe ICT Project Launchpad competition in front of 52 entrants.

Thabiso Ndlovu from KwaDukuza and Kaitlin Pillay from Mandeni each won a R10,000 prize.

They participated in the competition as part of the iLembe ICT project of the local economic development program Vuthela iLembe.

Of the 52 young people enrolled in the project, 27 qualified and set about designing a technical solution to a problem faced by a local business.

Ten were chosen as finalists, who then had to pitch their websites to a jury and explain how they went about developing them.

The judges were made up of some of the project steering committee members – Wiseman Cele from the KwaDukuza Youth Office, Fanele Mazibuko from Enterprise iLembe and Shannon Moffett from the Vuthela program.

Judging was made on the extent to which the website met the needs of the company or NGO, the technical competence of the website, the creativity and the way the young people communicated with the jury.

Kaitlin and Thabiso received their awards from Gisela Roth from the Swiss offices of Vuthela’s donors, the Swiss State Secretariat for Economic Affairs (SECO) and Judith Shoniwa from SECO’s South African office in Pretoria.

Both winners were surprised at their achievements, with neither having done any coding before beginning their studies through the project’s service provider, IT Varsity.

Totally online, the young people use the Enterprise iLembe incubator and the digital center of the Moses Kotane Institute in Mandeni to complete their 12-month training.

Kaitlin now hopes to go to college next year to study computer science, while Thabiso has also been bitten by the tech bug and plans to enroll in college to study systems development, a new passion he discovered during his studies.


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Understand the consumer to build world-class brands, an active partner profile https://eyebillforyou.com/understand-the-consumer-to-build-world-class-brands-an-active-partner-profile/ Mon, 26 Sep 2022 07:00:00 +0000 https://eyebillforyou.com/understand-the-consumer-to-build-world-class-brands-an-active-partner-profile/ Active partners was founded in the early 2000s, originally as a single-family office, with a mission to support the UK’s best consumer entrepreneurs and unearth the iconic brands of tomorrow. The team has grown from our three founding partners to 15 of us, most of whom have joined within the last five years. When we […]]]>

Active partners was founded in the early 2000s, originally as a single-family office, with a mission to support the UK’s best consumer entrepreneurs and unearth the iconic brands of tomorrow. The team has grown from our three founding partners to 15 of us, most of whom have joined within the last five years. When we started, we were one of the first investors in Soho House, Rapha, LEON and Finisterre when they were much less known. We have been privileged to partner with them and support their growth into the global brands and household names they are today.

I joined Active in 2016 at the start of our evolution from a family office to a fund-based strategy, and over the past six years I have been involved in a host of exciting investments and partnerships with amazing founders. I currently sit on the board of Honest Burgers (UK burger restaurant), Taylor & Hart (personalized and tech jewelry), Piglet in Bed (durable homewares), Facetheory (clean skincare), Subdial (watches from second-hand luxury), TALA (sustainable and affordable sportswear) and Puttshack (experience-based hospitality).

We invest at all stages of growth and take a flexible approach to our partnerships. We currently invest from two funds – our largest growth fund for businesses that are on the verge of rapid growth where we invest between £5m and £15m and our seed fund which supports brands, startup technologies and platforms with checks between £200,000 and 750K. Our growth fund takes a different approach to ‘traditional’ venture capital, making a small number of investments each year and working closely with each brand partner to successfully scale the business.

What sectors are you focusing on?

We are a specialized consumer fund. Our investment thesis is focused on supporting businesses across the consumer landscape that are mission-driven with exceptional levels of product quality and service at their core. We seek out brands that redefine the consumer experience, whether creating entirely new categories or challenging large markets ripe for disruption, which have the potential to be the iconic brands of tomorrow.

We know that a strong brand creates long-term value creation, so we look for companies that experience high levels of consumer engagement and build strong communities. More than ever, consumers are looking to connect with brands that uphold their values ​​and have a point of view. Putting community at the center of everything brings your consumer on the journey and sets you apart.

Can you tell us about your current portfolio?

Our current portfolio is made up of companies spanning the entire consumer landscape, from hospitality (Honest Burgers, Secret Cinema, Puttshack), to fashion, apparel and accessories (Finisterre, TALA, The Fold, Cubitts), education (Code First Girls), home goods (Piglet in Bed, Vinterior), luxury (Taylor & Hart, Subdial), beauty and wellness (Facetheory) and travel (Context, TravelLocal).

Alongside a wide range of sub-sectors within the consumer ecosystem, we have invested in several different business models, from D2C brands (online and via bricks and mortar) to B2B2C marketplaces and models. Technology is rapidly changing the landscape of the consumer industry, which drives one of our focus on technology-enabled and technology-driven consumer solutions, but without losing sight of the value of experiences and propositions. of the real world.

We have made several investments this year that we are really happy about. We recently announced our investment in Code First Girls, an education company that helps women code for free education and jobs, close the gender gap in tech, and accelerate opportunities for women to enter the tech industry . They partner with blue chip companies and public bodies like NatWest, Goldman Sachs, Deloitte and GCHQ to place women in tech jobs and aim to help one million women learn to code and find a tech job in the next five years.

Earlier this year we invested in TALA, the sustainable activewear brand founded by fitness entrepreneur Grace Beverley. Activewear is a largely underserved part of the sustainable fashion movement and TALA is on a mission to make it more accessible from a price point of view. We also recently announced our first seed fund investment in Urban Legend, a healthier sweet bakery brand for you. They are revolutionizing junk food by using cutting-edge food science to develop low-calorie sweet treats and have just signed a major deal with Tesco.

What are you looking for in a founder?

Founders bring magic to a brand. They have the vision, drive and ambition to build something truly different. So, we’re always looking for that spark, passion and commitment from the founders to solve a real problem for a consumer or deliver something new that will change a consumer’s life for the better. Different founders will naturally have different strengths or areas of focus, so we also look for leaders who want to combine their talent with subject matter experts and people who believe in a partnership approach.

What does the future look like?

The consumer economy has gone through a period of rapid change in recent years, driven by the pandemic and shifting consumer priorities. There is now even more focus and prominence on conscious consumerism and emerging brands need to think about building a business that embeds sustainability across the business, rather than a nice to have.

The pandemic has also accelerated consumers’ shift to online brands and DTC has seen a huge surge in demand and investor interest. This year we’ve seen DTC brands fall out of favor with some investors due to a perfect privacy storm, covid overvaluations, a return to physical stores and broader market conditions. We believe digital remains vital to business, but DTC has been misunderstood as a business model – it’s one marketing channel among many and one route to market among many. Brands today must now think more consistently about their omnichannel presence and be present where their consumers are, reflecting the complexity of today’s customer journeys.

One area we are passionate about is wellness, from mental and physical well-being to financial well-being. There are plenty of innovations in services and platforms that are improving access for users in growing categories, driven by some inspiring entrepreneurs.

Finally, I think any conversation about the consumer sector at this point needs to take into account the current economic climate. Our view is that companies that are truly differentiated with a clear proposition and have built strong communities of followers will stand out. We work closely with our founders to navigate this environment and prioritize where to focus our efforts. We believe there are many opportunities for consumer entrepreneurs and we see many amazing companies tackling real consumer issues across the industry.

What makes Active Partners different?

We put a deep understanding of the consumer at the heart of what we do, then think flexibly about a business model rooted in that understanding of what consumers are truly looking for. We also bring a flexible approach to investing through the different stages of the growth journey, starting from seed. Based on decades of experience building world-class brands, we have the long-term perspective necessary for success across the category while bringing the day-to-day know-how to support founders and their teams wherever they might. need it.

What advice would you give to founders?

If you’re looking for capital (which isn’t always the right path for every business!), focus on finding a funding provider that fits well with what you’re building (your mission, the pace at which you want to grow and how you want to get there). You are entering into a long-term partnership, so it is essential to ensure that you are prepared for success from the start.

Jason Mahendran is lead investor at Active partners.

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This Coding Course Prepares People for $65,000 Jobs in Louisiana: ‘It’s Just a Huge Win’ | Inspired by Louisiana https://eyebillforyou.com/this-coding-course-prepares-people-for-65000-jobs-in-louisiana-its-just-a-huge-win-inspired-by-louisiana/ Sun, 25 Sep 2022 11:30:00 +0000 https://eyebillforyou.com/this-coding-course-prepares-people-for-65000-jobs-in-louisiana-its-just-a-huge-win-inspired-by-louisiana/ New Orleans-based Operation Spark offers a variety of solutions for students of all ages interested in pursuing a career in software technology, one of Louisiana’s fastest growing career fields. “Our programs are open to anyone, but our mission is to get low-income people in and out of the program,” said founder John Fraboni. “We have […]]]>

New Orleans-based Operation Spark offers a variety of solutions for students of all ages interested in pursuing a career in software technology, one of Louisiana’s fastest growing career fields.

“Our programs are open to anyone, but our mission is to get low-income people in and out of the program,” said founder John Fraboni. “We have welcomed a number of single mothers into our program. We provide child care allowances and other offers to enable people to complete the program.

Operation Spark, a nonprofit tech boot camp, will be offering a free three-week introductory computer coding course, with the next two rounds of classes beginning September 26 and October 24. Classes are offered in-person and virtually. So far, about 300 people have graduated from Operation Spark’s adult program since 2016.






Operation Spark Founder John Fraboni says, “Our programs are open to everyone, but our mission is to get low-income people in and out of the program.




The free introductory course is designed to fit a variety of schedules and give participants a free opportunity to see if the more intense six-week boot camp, which is priced on a sliding scale, is something they want to try. After completing the boot camp program, students can choose to participate in Operation Spark’s full-time, four-month immersion program at a cost of $11,000 – again, a variety grants are available.

The carrot is that Operation Spark has a 99% placement rate for its graduates — most landing tech jobs paying $65,000 or more in New Orleans.

“It’s four months, very immersive. When you graduate four months later, you’ll be a junior software developer with an average salary of $65,000 and an asset to your employer. You’ll spend less time and money to get you started in the job market,” said Fraboni, who is originally from Canada and successfully launched Operation Spark in 2014 on a challenge.

Fraboni came to New Orleans to study with a jazz musician before Hurricane Katrina. He said he had “a sub-career as a software developer” that allowed him to travel and allow himself to take time off to pursue his personal interests. When he returned to New Orleans in 2013, he said he was disappointed to see so many troubled youngsters.

He said aloud to a friend, “Why not start a program to train children in software design?” His friend challenged him to do so.

“It took a minute to figure out all the elements. I had never started a nonprofit,” he said. “I started by going to community centers. I had worked in the video game industry in Montreal. I ended up developing the workforce sector.

Subsequently, he created a high school program to orient young adults towards a career. So far, Operation Spark has trained approximately 500 high school students from across Louisiana.

“Instead of being a software consumer, you can be a software creator,” Fraboni said.

Preparation is the first phase of Operation Spark’s training program, which gives students the opportunity to try their hand at software programming without a full-time or financial commitment.

For students looking to pursue a college education, Operation Spark partners with the Tulane School of Professional Advancement and the Louisiana Community and Technical College System, which includes Delgado Community College in New Orleans. Operation Spark’s industry-based credentials will transfer into college credit hours, saving time and money.

The minimum technical requirements to participate are a laptop, desktop or Chromebook and a stable internet connection. The program’s experienced, full-time teaching staff has been teaching coding classes for adults and students across Louisiana since 2014.

“If the kids hold out for the two years, they graduate at 18 and go into jobs earning $55,000 a year. That’s it. They do it,” Fraboni said. “We’ve had about 15 kids do this over the past two years. It’s a half-day program in high school.”

The program also trains high school teachers to carry out the Operation Spark curriculum, even in rural Louisiana. Fraboni said he has trained 18 teachers so far, nearly doubling the organization’s entire staff of 22.

“It’s just a huge win for the region,” Fraboni said.

At the end of September, Fraboni goes to New York to participate in the Clinton Global Initiative.

“It’s an opportunity for us to go and meet bigger organizations and funders at a higher level,” he said. “We are currently in the process of moving to Georgia and need a little seed funding to make this happen. We will be self-sufficient once we get up and go, but we need philanthropic support to help students to follow the program.”

For more information on Operation Spark, visit operationspark.org

Email Jan Risher at jan.risher@theadvocate.com.

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