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KISSmetrics Agrees Settlement in ETags WireTap Class Action Lawsuit

This is a settlement for the Internet/Technology lawsuit.

Los Angeles, CA: A settlement has been reached in the wiretap class action pending against analytics company KISSmetrics. The lawsuit alleged the company used supercookies called ETags to illegally track Internet users even after those users had deleted the HTTP cookies and enabled "Private Browsing Mode"to block all cookies.

The lawsuit, filed in 2011, is entitled John Kim, et al. v. Space Pencil, Inc., et al. and was filed shortly after researchers at UC Berkeley published a report detailing how KISSmetrics used ETags to store information in Web users' browser caches and re-spawn cookies that were deleted. These respawned cookies became known as "zombie cookies."

Under the proposed settlement, KISSmetrics agrees to avoid using ETags or other hard-to-delete cookies to track people online without first notifying them and giving them a choice to opt out. KISSmetrics will pay $2,500 to each to John Kim and Dan Schutzman, and $500,000 to the attorneys who brought the case.

A separate privacy class action lawsuit is pending against KISSmetrics and video service Hulu over the same allegations.

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Published on Oct-23-12


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