Although things remain quiet on the anti-trust suit front, Zillow’s legal team isn’t getting a break. On Monday, the home listing site was named as a defendant in a class action lawsuit filed in a U.S. District Court in Seattle.
Plaintiffs Natalie Perkins and Kenneth Hasson alleged that Zillow used “session replay” software manufactured by Microsoft to clandestinely track user activity on its website, essentially wiretapping the electronic communications of visitors to Zillow’s website, which they claim violates the Washington Wiretapping Statute and constitutes an invasion of the privacy rights of website visitors.
Microsoft was also named as a defendant in the lawsuit.
According to the lawsuit, Zillow can then use the website communications to recreate website visitors’ entire visit to the Zillow website, enabling Zillow to virtually “look over the shoulder” of each site visitor “unbeknownst to the millions of individuals perusing Zillow’s real estate listings.”
The lawsuit defines the class represented in the suit as: “All natural persons in the United States and its territories whose Website Communications were captured through the use of Session Replay Code embedded in Zillow’s website.”
The class has yet to be certified.
This is not the only digital privacy lawsuit the listings giant is currently facing. The firm is dealing with a similar lawsuit in Pennsylvania that claims that the “session replay” technology used by the firm violates the Pennsylvania Wiretapping and Electronic Surveillance Control Act.
Attorneys for the plaintiffs did not immediately returned a request for comment.