A recent class action against comScore, Inc. alleges that the company acquired consumer personal information from its software and sold it to third parties without notifying or obtaining consent from consumers, which is in violation of the Stored Communications Act, the Electronic Communications Privacy Act, and is generally a deceptive trade practice under state law. The complaint alleges that comScore’s software, which is offered at no cost to consumers and offers consumers, games, screensavers, and other functional applications, also contains a surveillance program that scans the consumer’s computer, monitoring data such as the consumer’s usernames and passwords, internet queries, internet traffic, advertisements consumers click on, goods purchased by the consumers, and credit card and financial information. Furthermore, the complaint alleges that the consumer cannot disable or uninstall comScore’s applications.

TIP:   Take care to fully disclose all software functionality to consumers, especially if it includes tracking features.