SACRAMENTO - Lisa Castro filed a class action complaint on September 30 in the U.S. District Court for the Eastern District of California against Nike, Inc. for violation of the California invasion of privacy act.
According to the complaint, in October 2020, Castro visited the Nike.com website and browsed the selection of apparel in order to later make an in-store purchase. Castro alleges that while on the website, her keystrokes, mouse clicks, and other electronic communications were intercepted in real-time and were disclosed to FullStory through the wiretap.
FullStory’s conduct was aided, abetting, and otherwise enabled by Defendant Nike, the suit says. Castro was unaware at the time that her keystrokes, mouse clicks, and other electronic communications were being intercepted in real-time and would be disclosed to FullStory, nor did Castro consent to the same, the suit says.
The wiretaps, which are embedded in the computer code on the Nike's website, are used by FullStory to secretly observe and record website visitors’ keystrokes, mouse clicks and other electronic communications, including the entry of Personally Identifiable Information which is in violation of the California Invasion of Privacy Act, the suit claims.
Castro is represented by Joel D. Smith of Bursor and Fisher, P.A.
U.S. District Court Eastern District of California case number 2:21-cv-01808-MCE-JDP