Consumer Advances Kohl’s Wiretap Class Action Over Website Chats

Kohl’s Inc. must face a proposed class action alleging it installed a third party’s chat software on its website and recorded consumers’ chats with customer-support agents without their consent in violation of California privacy law.

Plaintiff Miguel Esparza provided enough facts to state claims under the California Invasion of Privacy Act and the Computer Data Access and Fraud Act, Judge Anthony J. Battaglia of the US District Court for the Southern District of California said Monday.

Battaglia denied Kohl’s motion to dismiss those claims, but approved the dismissal of his invasion of privacy claims under the California constitution and common ...