The complaints, filed by San Diego residents, seek a class-action lawsuit and accuse the real estate company of violating state and federal privacy laws due to its use of third-party tracking pixels.
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Zillow and Redfin are the targets of a wiretap lawsuit seeking class-action status, accusing them of violating state and federal privacy laws by allegedly sending personal data to companies such as Facebook parent Meta and Google parent Alphabet after they viewed agency-produced video home tours.
San Diego County resident Guillermo Mata filed separate complaints against Zillow and Redfin on June 25, accusing them of disclosing personally identifiable information, including names and emails, as well as prerecorded videos to third parties. Viewing activity violates the Video Privacy Protection Act and the California Intrusion Act privacy laws.
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“Specifically, the defendants used third-party code to track pre-recorded videos viewed by their subscribers and sent that data, along with the subscribers’ data, to the third-party code provider. [personal information]all without valid consent from subscribers,” the complaint states.
“Defendants program such third-party tracking technology into their websites for advertising purposes and to increase profits,” the complaint adds.
“Defendants knew that such tracking technologies would transmit a record of website visitors’ activities, including the video tours they viewed, because the entire purpose of implementing such technologies was to allow Defendants to target ads or deliver them through third-party providers of the technology. Marketing Emails”.
The complaint alleges that Mata registered consumer accounts on both companies’ websites.
“In addition to such pre-recorded video tour walkthroughs, Defendants knowingly deployed third-party tracking pixels and other third-party tracking technologies on their Zillow.com web pages,” the complaint against Zillow states.
“Such tracking technologies send information about user activity to third parties, including Reddit, Inc., Meta Platforms, Inc. (‘Meta’), Microsoft Corporation, Alphabet, Inc. and Snap, Inc. (Snapchat).”
The complaint against Redfin also names Oracle Corp. as a third-party recipient of user activity data.
The complaint also refers to a public document from February 2024 in which Redfin acknowledged potential liability for its use of pixel technology: “We use evolving tools and technologies, such as pixels, in the operation of our website. We engage in this from time to time and may in the future Subject to enforcement actions and private third-party claims arising out of the laws to which we comply. This includes third-party claims that rely on old legislation as the basis for allegations of breaches of consumer data privacy by companies using new technologies.
“Companies that use tracking technology, including Redfin, have recently been the subject of data privacy lawsuits filed by third parties alleging that the use of this modern technology violates consumer privacy as defined by older laws. Many of these lawsuits have not yet been fully litigated or have been settled, As a result of the current state of legal uncertainty, many network operators are reconsidering how and whether to recover losses related to pixel-based claims that may expose us to costly litigation and insurance restrictions. Exposed to greater risk of loss.
The complaints seek orders prohibiting Zillow and Redfin from “further unauthorized disclosures of consumer information.” [data]”, punitive damages, statutory damages of not less than $2,500 for each violation of the Video Privacy Protection Act, and statutory damages of not less than $5,000 for each violation of the California Invasion of Privacy Act, as well as attorneys’ fees and costs. The complaints allege violations of state and federal privacy laws.
Zillow complaints are intended to represent two classes:
- “All persons with a Zillow account in the United States who request or view a video walkthrough on or through Zillow.com during the applicable blackout period.
- “Any person in California who has a Zillow account and who requests or views the video walkthrough on or through Zillow.com during the applicable restriction period.”
The Redfin complaint also attempts to represent two classes:
- “All persons with a My Redfin account in the United States who request or view a guided video tour on or through Redfin.com during the applicable blackout period.”
- “Any person in California who has a My Redfin account and requests or views a guided video tour on or through Redfin.com during the applicable restricted period.”
Inman has reached out to Zillow and Redfin for comment and will update this story when we hear back.
Send an email to Andrea V. Brambila.
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