SAN FRANCISCO (Legal Newsline) — A class action alleges that Mattress Firm illegally allows a third-party vendor to eavesdrop on chat conversations on its website.
Jose Licea, individually and on behalf of all others similarly situated, filed a complaint Dec. 20 in the U.S. District Court for the Northern District of California against Mattress Firm Inc., alleging violation of the California Invasion of Privacy Act.
Licea claims in his class action that while residing in California, he visited Mattress Firm's website and used the chat feature to have a conversation with an agent. He alleges that Mattress Firm secretly wiretaps the personal conversations of visitors who use the chat feature on its website and allows a third party "to eavesdrop" and "harvest data for financial gain."
Licea further alleges that Mattress Firm does not obtain website users' consent for the wiretapping and that it embeds a code into its chat feature that intercepts, records and creates transcripts of the conversations.
Licea alleges that customers do not become aware of the recording of chat conversations until after the chat is completed and "additional, highly technical research was completed." He claims the defendants actions violate California's Invasion of Privacy Act.
Licea and the class seek monetary relief, interest and all other just relief. They are represented by Scott Ferrell of Pacific Trial Attorneys in Newport Beach, California.
U.S. District Court for the Northern District of California case number 3:22-CV-09002