Berman Tabacco is counsel for plaintiffs in this consumer class action against defendants Allstate Insurance Company and Heap, Inc. As alleged in the complaint, Allstate offers consumers online quotes for insurance policies by filling out a form in which the consumers must enter private information about themselves and Heap is a marketing software-as-a-service company that sold to Allstate the software platform which records consumers’ keystrokes and other actions on Allstates’s website in realtime. Specifically, the complaint alleges that Allstate embedded Heap’s JavaScript in the source code on the Allstate website which allowed both companies to surreptitiously observe and record visitors’ keystrokes, mouse clicks, and other electronic communications, including entry of their private Personally Identifiable Information (“PII”) and Protected Health Information (“PHI”). PII and PHI included such information as name, zip code, gender, age, height, weight, information regarding medical conditions, prescribed medications, use of tobacco products, marijuana or illegal drugs, criminal record history and current blood pressure and cholesterol levels. Plaintiffs bring this action on behalf of themselves and a class of all Californians whose electronic communications were intercepted by Defendants through Allstate’s use of Heap’s software on its website.
