iHi CIPAWorld!
A class action was filed against Pentagon Federal Credit Union (PenFed), Verisk Analytics, and Lead Intelligence, Inc. on June 16, 2023 alleging CIPA violations equating to OVER $5 MILLION!
Essentially, the allegations come down to PenFed used Jornaya (owned by Verisk who acquired 100% of Lead Intelligence) on its home financial services website which recorded real time communications including “private, sensitive information.” Additionally, and where the issue lies, PenFed is alleged to have allowed Verisk and Lead Intelligence to USE this private information in real time without the consumer’s consent.
The examples of the private information collected given in the complaint are the consumer’s first and last name, zip code, email address, phone number, annual income, monthly housing payment amount, property value, credit score, IP address, etc. While some of these are clearly just for record purposes and some of these are public information, I believe this complaint will still pass muster and make it past the pleadings stage based on the low bar for stating a claim.
As you may recall, alleging “highly sensitive personal data” has been enough in the past to survive a motion to dismiss.
We will keep an eye on this one to see if this court will find using LeadiD from Jornaya will be considered a CIPA violation.
