Information obtained from each tracked user session is transmitted to Decibel Insight’s servers before being made available to the company’s clients, the case says. The software, the case relays, captures every user and device interaction, including mouse movements, zooming, and rotating, with the artificial intelligence watching back “every single session replay automatically” to glean insights. Per the suit, “Session Replay” is used whether a consumer browses a website on a desktop computer, mobile device, tablet or smartphone application. More specifically, “Session Replay” tracks and records every website session so as to provide a business with a better understanding of “the customer online journey,” as well as the ability to troubleshoot errors and “put context around known issues,” the lawsuit says.
#Decibel insight software#
A feature available through Decibel Insight’s software is called “Session Replay,” which, per the lawsuit, purports to help businesses improve their website design and customer experience.
The 15-page lawsuit claims the apparent wiretaps are “embedded in the computer code” of the websites-, in the plaintiffs’ cases-and used by GM and Decibel Insight to “secretly observe and record website visitors’ keystrokes, mouse clicks, and other electronic communications,” including the entry of personal information, taps, swipes and other touchscreen-specific gestures, in real time.Īlleged in the complaint are violations of the California Invasion of Privacy Act, a state law that prohibits businesses from using technology to read, attempt to read or learn about the contents or meaning of electronic communications without authorization from those involved.Īccording to the lawsuit, Decibel Insights is a marketing analytics software developer. have unlawfully wiretapped the electronic communications of those who visit the automaker’s websites. New to ? Read our Newswire DisclaimerĪ proposed class action alleges General Motors and Decibel Insight, Inc.
#Decibel insight free#
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Ultimately, the judge found that the plaintiffs failed to explain how either GM or Decibel’s possession of the consumers’ anonymized, non-personal data regarding their web browsing on GM’s website “harms their privacy interests in any way.” With regard to the plaintiffs’ effort to equate their case to a suit that alleged Viacom tracked children’s web browsing and video-watching habits, Judge Andrews said the consumers failed to provide a basis for the conclusion that the information GM collected through its own site was legally protected or allege that there was any unlawful disclosure of the data.
The suit against Facebook to which the plaintiffs compared their case alleged the social media platform continued to track users even after they had logged out of Facebook. Per the memo, the judge stated that the plaintiffs’ suit against GM and Decibel was “hardly comparable” to a tracking case against Facebook given GM only recorded the consumers’ browsing activity while they were on the automaker’s own website and obtained no personal information. Moreover, the judge criticized the plaintiffs’ attempts to analogize their allegations with a number of other privacy class actions, including suits against Facebook, Viacom, Google and ESPN. “Therefore, I find Plaintiffs have not suffered a concrete injury because they do not have a privacy interest at stake,” the judge wrote. Andrews granted General Motors’ and Decibel Insights’ motions to dismiss the case after finding that the plaintiffs failed to allege that any of the information collected by the Session Replay software was “personal” or “private.” Judge Andrews relayed that “avesdropping” on communications that do not involve personal and/or personally identifiable information, or information over which a party has a reasonable expectation of privacy, does not amount to actual damage. In a 12-page memo, United States District Judge Richard G. The proposed class action detailed on this page was dismissed after a federal judge found GM’s mouse- and keyboard click-tracking practices did not cause the plaintiffs any concrete harm.
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