Zillow Discloses Website Visitors' PII to 3rd Parties, Alleges Class Action

Real estate marketplace company Zillow Group disclosed the personally identifiable information (PII) and viewing history of visitors to its website, without their valid consent, alleged a Video Privacy Protection Act class action Tuesday (docket 3:24-cv-01095) in U.S. District Court for Southern California in San Diego.

Guillermo Mata of San Diego alleges Zillow has knowingly deployed tracking pixels and technologies to send user activity information to third parties, including Reddit, Facebook parent Meta, Microsoft, Google parent Alphabet and Snap. The defendant did so for advertising purposes “and to increase its profits,” knowing that the tracking tools would transmit site visitors’ activity, including which video tours they watched, it said.

Zillow users who register their email addresses with the defendant are able to save real estate searches and access website materials they previously viewed, including video content, the complaint said. When registered users access a video walk-through tour of a home shown on the website, Zillow discloses their email address and IDs associated with the defendant’s third-party tech vendors -- such as a Facebook ID -- along with the video content viewed, to its third-party tracking vendors, it said.

At no time does Zillow inform its subscribers that records of their viewing activity and PII will be shared with third parties “in a form distinct and separate from any form setting forth other legal or financial obligations” of the subscriber, as the VPPA requires, alleged the complaint. Zillow also doesn’t seek or obtain subscribers’ informed, written consent to the disclosures, it said.

Mata’s Facebook profile shows that the defendant has shared information with the social media company concerning his Zillow site activity, including specific records of content he viewed, on about 20 occasions, alleged the complaint. The plaintiff never gave his consent for Zillow to disclose that data to third parties, it said.

On behalf of himself and the class, Mata claims violations of the VPPA and the California Invasion of Privacy Act. He seeks statutory and punitive damages, injunctive relief enjoining the defendant from its “ongoing misconduct,” and prejudgment interest. Zillow didn't comment Wednesday.