The complaint, filed by a San Diego resident, seeks class-action status and accuses the real estate company of violating state and federal privacy laws through its use of third-party tracking pixels.
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Zillow and Redfin are the subject of a wiretap lawsuit seeking class-action status alleging they violated state and federal privacy laws by sending consumers’ personal data to companies including Facebook parent Meta and Google parent Alphabet after viewing agent-generated video home showings.
San Diego County resident Guillermo Mata filed separate complaints against Zillow and Redfin on June 25, accusing the companies of violating the Video Privacy Protection Act and the California Invasion of Privacy Act by disclosing personally identifiable information, such as names and email addresses, as well as recorded video viewing activity, to third parties.
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“Specifically, defendants use third-party code to track recorded videos viewed by subscribers and then distribute that data to subscribers. [personal information]All of this was done without the subscribers’ due consent,” the lawsuit states.
“Defendants programmed such third-party tracking technologies into their websites for advertising purposes and increased profits,” the complaint adds.
“Defendants knew that such tracking technology would transmit site visitor activity (including a record of which video tours were viewed) because the sole purpose of implementing such technology was to enable Defendants to target advertisements and, through their third-party technology providers, send marketing emails.”
According to the complaint, Mata registered consumer accounts on both companies’ websites.
“In addition to these pre-recorded video tour walk-throughs, defendants knowingly deployed third-party tracking pixels and other third-party tracking technologies on Zillow.com web pages,” the suit states. Complaints against Zillow Read.
“These tracking technologies transmit user activity information to third parties, including Reddit, Inc., Meta Platforms, Inc. (“Meta”), Microsoft Corporation, Alphabet, Inc. and Snap, Inc. (Snapchat).”
of Complaints against Redfin Oracle Corp. is also named as a third-party recipient of user activity data.
The complaint also references February 2024. Public submissions In it, Redfin acknowledges potential liability for its use of pixel technology: “We use evolving tools and technologies, such as pixels, in operating our website. We are occasionally involved in, and may in the future be subject to, enforcement actions and third-party private litigation arising from the laws to which we are subject, including third-party lawsuits relying on outdated laws as the basis for consumer data privacy violation claims against companies that use newer technologies.”
“Companies that use tracking technology, including Redfin, have recently faced data privacy lawsuits from third parties alleging that their use of this modern technology violates consumer privacy as defined by older law. Many of these lawsuits have not been fully resolved or have been settled, resulting in a state of legal uncertainty. Additionally, many cyber carriers are reconsidering how and whether they will cover losses related to pixel-based claims. Use of such technology could expose you to costly litigation and/or expanded losses due to insurance limitations.”
The complaint asks that Zillow and Redfin be prohibited from “further unauthorized disclosures of consumers’ personal information.” [data]”, punitive damages, statutory damages of at least $2,500 for each violation of the Video Privacy Protection Act, statutory damages of at least $5,000 for each violation of the California Invasion of Privacy Act, and attorneys’ fees and costs. Both complaints allege violations of state and federal privacy laws.
Zillow’s complaint seeks to represent two classes:
- “Anyone with a Zillow account in the United States who requested or viewed a video walk-through tour on or through Zillow.com during the applicable restriction period.”
- “Anyone who resides in California, has a Zillow account, and requests or views a video walk-through tour on or through Zillow.com during the applicable restriction period.”
Redfin’s complaint also purports to represent two classes:
- “Anyone who resides in the U.S. who has a My Redfin account and who requested or viewed a guided video tour on or through Redfin.com during the applicable restriction period.”
- “Anyone who resides in California, has a My Redfin account, and has requested or viewed a guided video tour on or through Redfin.com during the applicable restriction period.”
Inman has reached out to Zillow and Redfin for comment and will update this article if he hears back.
Email Andrea V. Brambila at
