Redfin
and


Zillow
are
at
the
center
of
two
video
privacy
suits
that
were
filed
on
June
25
in
the

U.S.
District
Court
for
the
Southern
District
of
California.

In
two
separate
lawsuits,
plaintiff
Guillermo
Mata
accuses
the
real
estate
companies
of
violating
the
Video
Privacy
Protection
Act
and
the
California
Invasion
of
Privacy
Act
by
allegedly
sending
consumers’
personally
identifiable
data
—
including
names
and
email
addresses
—
to
third-party
firms
such
as

Facebook
parent

Meta
and

Google
parent

Alphabet
after
they
viewed

agent-created

video
home
tours.

The
suit
against
Zillow
lists
“Reddit,
Inc.,
Meta
Platforms,
Inc.
(‘Meta’),

Microsoft
Corporation,
Alphabet,
Inc.,
and

Snap,
Inc.
(Snapchat),”
as
alleged
recipients
of
this
data,
while
the
Redfin
suit
also
names

Oracle
Corp.
as
a
third-party
recipient
of
user
data.

According
to
the
complaints,
Mata
was
registered
for
consumer
accounts
on
both
Redfin.com
and
Zillow.com.

In
the
complaints,
attorneys
for
Mata
claim
that
the
“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.”

“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.”

According
to
Mata
and
his
attorneys,
both
firms
“knowingly
deployed
third-party
tracking
pixels
and
other
third-party
tracking
technologies”
on
their
websites.

The
complaint
against
Redfin
also
highlights
a
document
filed
with
the


Securities
and
Exchange
Commission
(SEC)
in
February
2024,
in
which
Redfin
acknowledges
that
it
may
be
liable
for
using
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,”

the
filing
states.
“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
filing
continues.

Both
lawsuits
are
seeking
class-action
status.
The
classes
for
the
Zillow
suit
are
defined
as
“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,”
and
“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
class
definitions
for
the
Redfin
suit
are
similar,
and
are
divided
into
all
persons
in
the
U.S.
or
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.”

Additionally,
Mata
is
seeking
orders
that
would
ban
Zillow
and
Redfin
from
“further
unauthorized
disclosure
of
consumers’
[data],”
punitive
damages,
statutory
damages,
and
compensation
for
attorneys
fees
and
costs.

“We
are
aware
of
the
suit
that’s
been
filed
and
believe
that
these
claims
are
without
merit.
We
will
respond
accordingly,”
a
spokesperson
for
Zillow
wrote
in
an
email.

Redfin
did
not
return
HousingWire’s
requests
for
comment.

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