Client Sues Allstate Over Use of Marketing Software

News April 26, 2023 at 10:51 AM
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A California resident is suing over an insurer's use of a marketing data analytics system on its insurance shopping website.

Conrad James has accused Allstate Insurance Company and Heap Inc., the data analytics system provider, of wiretapping him, and of violating the California Invasion of Privacy Act of 1967.

James says the companies provided unclear privacy disclosures and recorded his keystrokes as he typed in personal information before he had consented to Allstate recording or sharing his personal information.

Lawyers with Berman Tabacco and other firms representing James have filed the suit in the San Francisco Superior Court. They are seeking to represent a class that includes all residents who have used Allstate.com and had personal information sent to Heap within the past four years.

What It Means

Agents and advisors who want to track web visitors should have up-to-date compliance advisors review their data analytics tools and strategies.

The Background

Lawyers have been filing lawsuits over use of web data analytics systems all over the country.

In California, plaintiffs cite state laws such as the California Invasion of Privacy Act, the California Consumer Private Act of 2018 and the California Privacy Rights Act, a ballot measure approved by voters in 2020.

California regulators approved the final California Privacy Rights Act implementation regulations in March.

James Suit Details

Lawyers for James (case number CGC-23-605104) note in his complaint that the Allstate.com system asks people seeking insurance quotes for information about matters such as use of prescription drugs, medical conditions and criminal records.

James is asking for a jury trial. He is also seeking compensatory, statutory and punitive damages, interest on all amounts awarded, and awards for attorneys' fees and other expenses.

An aerial view of the Embarcadero in San Francisco. (Photo: Jason Doiy/ALM)

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