Zillow Session Replay Software Litigation

Scott+Scott Attorneys at Law LLP (“Scott+Scott”), an international shareholder and consumer rights litigation firm, filed a class action lawsuit on September 12, 2022, against Zillow Group, Inc. (“Zillow”) and Microsoft Corporation (“Microsoft”). The lawsuit alleges that Zillow and Microsoft have engaged in illegal wiretapping of electronic communications on the website www.zillow.com and all its subpages.

According to the complaint, Zillow has employed the services of third-party vendors to embed snippets of JavaScript code known as “Session Replay Code.” This code is alleged to record various aspects of visitors’ interactions on the website, including mouse movements, clicks, keystrokes, and all text input. Such activities are alleged to constitute an illegal interception. Likewise, Microsoft’s Session Replay Code, known as Microsoft Clarity, is accused of collecting, recording, and storing user information and communications in real-time, enabling Zillow and Microsoft to replay videos of visitors’ interactions. Importantly, all of this is alleged to have occurred without the explicit consent or knowledge of the website visitors.

Subsequently, on January 18, 2023, the lawsuit was transferred to the United States District Court for the Western District of Washington. An amended complaint was filed on April 7, 2023, under the title “In Re: Zillow Group, Inc. Session Replay Software Litigation” (Master File No. 2:22-cv-01282-JLR). Recognizing their expertise, Scott+Scott has been appointed as co-lead counsel in this lawsuit, representing a nationwide class of individuals whose online electronic communications were purportedly violated under the Washington Privacy Act and Washington common law. Additionally, the plaintiffs also assert six additional claims on behalf of state-level subclasses, alleging violation of the Missouri Wiretap Act, the California Invasion of Privacy Act, and invasion of privacy under the common law of Illinois and Missouri.