A CIPA lawsuit against the Tony Robbins Company was recently filed in a California superior court. The self-help business has been accused of secretly wiretapping the communications of website users in violation of the California Invasion of Privacy Act, or CIPA. Beyond that, the company has been accused of allowing third parties to use digital surveillance tools to monitor user behavior and eavesdrop on visitor conversations without express or implied consent, which is also a violation of state consumer privacy laws.
To learn more about the class action complaint against the Tony Robbins Company, keep reading.
Class Action Complaint Against Robbins Research International
The defendant in the invasion of privacy case is Robbins Research International, Inc., which operates www.tonyrobbins.com. This is the official website of Tony Robbins, a celebrity self-help guru. Consumers in California and elsewhere access the website to purchase books, programs, and tickets to events on how to master all aspects of their lives.
The case, Haviland v. Robbins Research International, Inc., is being heard in the Los Angeles County Superior Court. The class action complaint alleges violations of the California Invasion of Privacy Act (CIPA), including illegally wiretapping internet communications, as well as aiding, abetting, and paying third parties to eavesdrop on internet conversations.
The defendant has been accused of surreptitiously implanting code the Tony Robbins website that allows for the unauthorized recording of private conversations. The civil suit also alleges that the website code allows for the creation of transcripts of these conversations with site visitors. Both acts are violations of the California Invasion of Privacy Act (CIPA), which requires companies to obtain permission from customers before recording online conversations.
Due to the nature of the defendant’s business, customers who use the Tony Robbins website often disclose sensitive personal information via the website chat feature. This information goes beyond mere “record information” like the user’s name and address; it includes confidential information such as the user’s IP address, geolocation information, browsing history, and search history. The data collected by the defendant could enable the creation of detailed profiles about individuals for the purpose of delivering targeted advertisements specifically tailored to their personal interests. Significantly, the data collected from customers who use the website chat feature is allegedly harvested without consent.
Tony Robbins Company Accused of Sharing Customer Data with Third Parties
One of the major allegations in the civil suit against Robbins Research International is that the company allows a third party to collect a bevy of personal information from website visitors without their consent or knowledge. According to the complaint, the Tony Robbins company has entered into financial agreements with a third-party company, UserWay, to embed code into the website’s chat function. This code allegedly enables UserWay to covertly intercept and monitor the chat conversations in real time without the knowledge or consent of site visitors. In other words, the chats that users believe are taking place on the Tony Robbins website are actually occurring on UserWay.
Customer Data Exposed
The defendant’s actions leave consumers exposed to significant privacy risks because their personal information is allegedly shared with a wide range of entities – and without any clear limitations or safeguards on how that personal information may be used.
Additionally, the lawsuit raises serious concerns about whether this digital privacy violation could further compromise the privacy and control of users’ information by opening the door for the dissemination of personal data to other entities for cross-context behavioral advertising purposes. This kind of invasive practice could subject users to relentless advertising campaigns across multiple platforms – without their consent or knowledge.
How Companies Violate the California Invasion of Privacy Act (CIPA)
The California Invasion of Privacy Act (CIPA) explicitly prohibits both wiretapping and eavesdropping of electronic communications unless all parties to the communication have first provided consent. Most website operators comply with these legal requirements by conspicuously warning visitors if their conversations will be recorded or if any third parties will be eavesdropping on them.
The invasion of privacy law is written in terms of wiretapping, with language barring companies from using a “machine, instrument, or contrivance” to illegally record and eavesdrop on conversations. But it is important to note that courts have found that Cal. Penal Code § 631(a) applies to internet communications. This means that any company that attempts to learn the contents of a website communication without the consent of all parties can be sued for violating the law.
The specific part of the digital privacy statute that Robbins Research International has been accused of violating is Section 631(a), which imposes liability on companies that invade the privacy of consumers. Section 631 is technically a criminal statute, but it does provide a mechanism for victims to bring a civil lawsuit and recover monetary damages.
Call the Los Angles Consumer Protection Attorneys at Tauler Smith LLP
The consumer protection lawyers at Tauler Smith LLP are representing California residents in a class action lawsuit against Robbins Research International. If you visited the Tony Robbins website and used the chat feature, you may be eligible to join the class action complaint. Call 310-590-3927 or email us today to schedule a free consultation.