Spotify and Other High Profile Sites Face Class Action Lawsuit for "Rogue Tracking Exploits"

Paul Lilly

Spotify, About.me, and over two dozen other websites got caught with their hands in KISSmetric's cookie jar and will have to defend themselves against a class action lawsuit filed by parties in Northern California. The class action suit accuses KISSmetric of mischievous monkey business in the way it continues to track Internet users even after they've deleted cookies and cleared their browser's cache, which you can read more about here .

Wired.com first reported on KISSmetric's shenanigans and followed it up by bringing attention to this current lawsuit. According to Wired's investigation, KISSmetric relies on Flash, HTML5, and other technologies to trail Internet users, making it possible to recreate deleted cookies. Hulu and Spotify were two of the bigger names among KISSmetric's clients, both of with cut ties with the service when news of KISSmetric's operations hit the Web.

The class action suit accuses KISSmetrics and its clients of using "rogue tracking exploits," stating that "while it is generally reasonable to expect a website to use cookies for tracking, the Website Defendants and KISSmetrics created numerous, alternative, 'shadow' mechanisms for tracking; Defendants engaged in tracking to exploiting Plaintiff and Class Members' browsers and other software in ways that consumers did not reasonably expect."

According to Wired, similar suits filed two years ago against Quantcast and Clearspring for so-called "zombie cookies" resulted in a $2.4 million settlement.

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