In a significant legal development, a group of plaintiffs has filed a class action lawsuit against Williams-Sonoma, Inc., alleging severe privacy violations through the use of tracking software on its website. The complaint was filed by Kelly Jones, Diamond Quan, and Christina Zinzun in the Superior Court of California, County of San Francisco, on August 23, 2024. The plaintiffs accuse Williams-Sonoma of deploying tracking software that intercepts and records user interactions without consent.
The plaintiffs claim that Williams-Sonoma embedded tracking codes provided by third-party vendors like Quantum Metric on its website. These codes allegedly allowed third parties to read, monitor, and record users' interactions with the site in real-time. According to the complaint, this includes capturing mouse movements, clicks, keystrokes, scrolls, page views, and other personal information without users' prior consent. "Defendant’s secret deployment of the Session Replay Code results in the electronic equivalent of 'looking over the shoulder' of each visitor to the Defendant’s website during their website interaction," states the complaint.
The plaintiffs argue that this conduct violates several laws including the Federal Wiretap Act (18 U.S.C. § 2510 et seq.), California's Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), and California's Pen Trap Law (Cal. Penal Code § 638.50 et seq.). They also allege common law invasion of privacy through intrusion upon seclusion. The complaint emphasizes that such practices are not only unlawful but also contrary to public policy and fundamental rights to privacy.
Kelly Jones recounts her experience visiting Williams-Sonoma's website in 2023 without being informed about any tracking activities or given an opportunity to consent before her data was intercepted. Similar experiences were shared by co-plaintiffs Diamond Quan and Christina Zinzun who also visited the site during the same period for various shopping purposes but were unaware their interactions were being monitored and recorded.
The plaintiffs seek multiple forms of relief from the court including statutory damages for each violation under federal and state laws, injunctive relief to prevent further unauthorized tracking activities, as well as attorneys’ fees and costs associated with bringing this action forward. They emphasize that they are seeking statutory damages only on behalf of all affected class members rather than individual compensatory damages.
Representing the plaintiffs are attorneys Caleb Marker (SBN 269721), Ryan Ellersick (admission pending), and Nare Kupelian (SBN 337700) from Zimmerman Reed LLP based in Los Angeles. The case is assigned Case No. CGC-24-617486 in front of judges at the Superior Court of California in San Francisco County.