Casper accused of ‘bugging’ consumer visits to company’s website

Casper’s website wiretap overview:

  • Who: A California woman is suing Casper Sleep.
  • Why: The plaintiff claims that the company secretly and illegally records the communications of visitors to its website, without obtaining their prior consent.
  • Where: The Casper website lawsuit has been remanded to federal court in California.

Casper Sleep secretly and illegally records the communications and keystrokes of visitors to its website, according to a recent class action lawsuit.

Plaintiff Arisha Byars filed the class action lawsuit against Casper Sleep Inc. on July 22 in a California superior court, alleging violations of the California Invasion of Privacy Act (CIPA).

On October 12, Casper filed a notice of withdrawal from the lawsuit in federal court in California.

The lawsuit alleges that Casper Sleep participates in the unlawful wiretapping of customers’ electronic communications on its website,

“Unbeknownst to website visitors, Defendant secretly deployed ‘keystroke monitoring’ software which Defendant uses to surreptitiously intercept, monitor and record the communications…of all visitors to its website,” states the Casper website lawsuit.

“Defendant does not notify visitors or seek their express or implied consent prior to this wiretap.”

Casper secretly deployed wiretapping software on his website, lawsuit alleges

Casper has installed software on its website that allows it to surreptitiously record all aspects of a visitor’s interaction with the website, including keystrokes, mouse clicks, data entry, and data entry. other electronic communications, says Byars.

“Defendant’s actions amount to the digital equivalent of looking over a consumer’s shoulder and listening to a consumer’s conversation,” she claims.

She says that over the past year, Byars visited the company’s website and contacted an entity she believed to be a genuine human customer service representative.

“In reality, defendant’s website uses a sophisticated ‘chatbot’ that convincingly impersonates an actual human and encourages consumers to share their personal information,” the lawsuit alleges.

“At the same time, the defendant simultaneously records and stores the entire conversation using covertly embedded wiretap technology.”

All of this was done illegally without the express consent of the customers, claims Byars.

She seeks to represent anyone in California who has visited Casper’s website in the past year and whose electronic communications have been intercepted and recorded without their consent.

Plaintiff seeks certification of the class action, damages, fees, costs and a jury trial.

In 2018, Casper Sleep was hit by a class action alleging that the mattress store illegally harvested information from its website using wiretaps. The case was finally dismissed at the complainant’s request.

Have you used the Casper website? Let us know what you think of these wiretap allegations in the comments.

Plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The Casper Sleep Wiretap Class Action is Arisha Byars, et al. vs. Casper Sleep Inc., et al.Case No. 5:22-cv-01801-JGB-KK, in the U.S. District Court for the Central District of California.

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About Sandra A. Powell

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