Emily Rodriguez has filed a class action lawsuit against a major digital marketing company, accusing it of violating the California Invasion of Privacy Act (CIPA) by secretly eavesdropping on private conversations through its website. The complaint was filed in the Superior Court of California for Ventura County on December 28, 2024, targeting Epsilon Data Management, LLC.
The case centers around allegations that Epsilon Data Management's website employs third-party spyware to intercept and monetize private communications without users' consent. According to the lawsuit, Epsilon's site encourages potential customers to engage with its chat feature, promising privacy and data protection. However, Rodriguez claims these assurances are misleading as a third-party company named Drift is allowed to monitor and exploit these interactions. The complaint states that "Defendant secretly allows a third-party spyware company to eavesdrop on the private conversations" and monetizes this data in violation of CIPA's second clause under section 631(a) of the Penal Code.
Rodriguez argues that Epsilon's actions breach consumer trust and violate established privacy norms. The plaintiff highlights how Epsilon’s practices deviate from industry standards where companies typically disclose any monitoring or recording activities. Instead, Rodriguez alleges that Epsilon deliberately pays Drift to embed technology into its chat feature, allowing real-time interception and storage of user communications for targeted advertising purposes.
The lawsuit seeks several forms of relief from the court. It demands statutory damages under CIPA for all affected individuals who used the chat feature while physically located in California within the statute of limitations period. Additionally, Rodriguez is pursuing an injunction to prevent further unauthorized interceptions and requests reasonable attorneys’ fees and costs associated with the litigation.
Representing Emily Rodriguez is Scott J. Ferrell from Pacific Trial Attorneys, APC. The case is presided over by Judge Alex Lopez in Ventura County Superior Court under Case No. #024 CUM TOS49.