Facebook Sued in (Another) Class Action Over Tracking Practices

Facebook is facing another consumer class action suit over its alleged practice of using tracking cookies to collect information from users when they were logged out of their Facebook accounts. Plaintiffs allege that Facebook tracked, collected and stored users’ online activities, including portions of internet browsing history. Further, plaintiffs allege that the information collected by Facebook when users were logged off contained personal data and electronic communications. All of these actions were allegedly done without plaintiffs’ consent, and according to the plaintiffs, in violation of Facebook’s privacy policy. Plaintiffs brought suit under the Federal Wire Tap Act and a number of state law theories. As of late November, there have been sixteen similar cases filed against Facebook. This particular case is currently pending in the Western District of Arkansas.

TIP: Work closely with your IT team to ensure that you understand the tracking activities that may occur on your websites. Where appropriate, clear disclosures may help lower potential liability in cases like this one.