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Zillow and Redfin are the targets of wiretapping suits seeking class-action status accusing them of violating state and federal privacy laws for allegedly sending companies such as Facebook parent Meta and Google parent Alphabet consumers’ personal data after they viewed agent-created 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 — and prerecorded video viewing activity to third parties in violation of the Video Privacy Protection Act and the California Invasion of Privacy Act.
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“Specifically, Defendant uses third-party code to track prerecorded videos its subscribers watch and sends that data to its third-party code vendors along with subscribers’ [personal information], all without its subscribers’ valid consent,” the complaints say.
“Defendant programmed such third-party tracking technology into its website for advertising purposes and to increase its profits,” the complaints add.
“Defendant knew that such tracking technology would transmit site visitors’ activity, including records of which video tours they have watched, as the entire purpose of implementing such technology is so that Defendant can target advertisements or send marketing emails through the technology’s third-party providers.”
Mata registered for consumer accounts on the websites of both companies, according to the complaints.
“In addition to such prerecorded video tour walkthroughs, Defendant has also knowingly deployed third-party tracking pixels and other third-party tracking technologies on its Zillow.com webpages,” the complaint against Zillow reads.
“Such tracking technology sends user activity information 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.
That complaint also pointed to a February 2024 public filing in which Redfin acknowledged its potential liability for its use of pixel technology: “We use evolving tools and technology, such as pixels, in the operation of our websites. We are from time to time involved in, and may in the future be subject to, enforcement actions and private third-party claims arising from the laws to which we are subject. This includes third party claims relying on older legislation as the basis for allegations of consumer data privacy violations against companies using new technology.
“Companies using tracking technology, including Redfin, have been the subjects of recent data privacy lawsuits brought 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 been fully litigated, or have settled, resulting in a current state of uncertainty in the law. In addition, many cyber carriers are reconsidering how, and if, to cover losses related to pixel based claims. Our use of such technology could subject us to expensive litigation, and to greater loss exposure due to insurance limits.”
The complaints seek orders banning Zillow and Redfin from “further unauthorized disclosure of consumers’ [data],” punitive damages, statutory damages of no less than $2,500 for each Video Privacy Protection Act violation and $5,000 for each California Invasion of Privacy Act violation, and attorney’s fees and costs. Both complaints allege violation of the state and federal privacy laws.
“We are aware of the lawsuit filed. While we don’t discuss ongoing litigation, we intend to respond accordingly,” a Zillow spokesperson told Inman in a statement.
The Zillow complaint seeks to represent two classes:
- “All persons in the United States with a Zillow account and who requested or viewed a video walkthrough tour on or through Zillow.com during the applicable limitations period.
- “All persons in California with a Zillow account and who requested or viewed a video walkthrough tour on or through Zillow.com during the applicable limitations period.”
The Redfin complaint also seeks to represent two classes:
- “All persons in the United States with a My Redfin account and who requested or viewed a guided video tour on or through Redfin.com during the applicable limitations period.”
- “All persons in California with a My Redfin account and who requested or viewed a guided video tour on or through Redfin.com during the applicable limitations period.”
Inman has reached out to Redfin for comment and will update this story if and when a response is received.
Editor’s note: This story has been updated with a comment from Zillow.
