KIM Kardashian's Skims website was being investigated by a top Los Angeles law firm for "secretly recording clients' activities on its website," The U.S. Sun can exclusively reveal.
Zimmerman Reed, a "nationally recognized leader in complex and class action litigation," is looking into "several dozen" claims that the site allegedly used software programs to record visitors' activity.
In recent years, The U.S. Sun has learned that there has been a slew of class action litigation against website operators that use chatbots and session replay software on consumer websites.
Caleb Marker, a partner in the firm's Los Angeles office, confirmed to The U.S. Sun that they are "building a case against Skims," although they are yet to formally file a suit.
"We are working on a case against them for violation of the California wire-tapping act," he said.
"I think at this point we have several dozen [claims], which came in over the past few months.
Kim Kardashian
"It's our understanding that the software is always running on the site, anyone that's been to the website will have likely been monitored and tracked.
"If they were logged in with an account, they can definitely pair that up, they can connect that to a human being with their email address and name."
Marker explained: "There's a way on your browser, you can look at your session traffic and you can just see all the data which is being transmitted from your computer to them, it's really kind of scary. It's hundreds of data points.
"I think people just aren't aware of it, it's in the background on their phone, on the browser. These sites are doing it because they're able to generate revenue and exploit that."
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BUILDING A CASE
Although many commercial websites use this software, legal firms are claiming they violate some state wiretap laws by recording users' interactions with websites without users' consent.
California has a "two-party consent" law that makes it a crime to record or eavesdrop on any confidential communication, without the consent of all parties to the conversation.
When contacted by The U.S. Sun, a spokesperson for Skims said: "As a matter of policy, Skims respects its customers' privacy and goes to great lengths to comply with all local, state, and federal laws.
"There has been no lawsuit filed that we are aware of, nor should there be."
It is not known for sure whether Skims has been using chatbots or session replay software.
Session replay scripts record how you browse, scroll, and everything you type, described by experts "as if someone is looking over your shoulder."
These creepy tools help companies understand how users are interacting with their websites so they can boost engagement, but are also deemed very personal.
'STATUTORY DAMAGES'
Zimmerman Reed is offering a free case review for anyone who may have a claim and the firm has even taken out a sponsored ad on Instagram, as seen by The U.S. Sun.
Entitled Skims Website Privacy Claims, it reads: "You could be entitled to statutory damages up to $5,000 in some states.
"Zimmerman Reed is investigating allegations that Skims secretly recorded the activity of individuals who accessed their website.
"We are helping website visitors receive compensation for those violations.
"If you have visited the Skims website, you may have a claim against them for violations of state wiretapping laws."
A blog post on Zimmerman Reed's website reads: "Skims allegedly used software programs to record website visitors' activity while on their site, regardless of whether the visitor ever clicks or submits anything and without the visitor's consent.
"This includes information that the user may not want anyone to know, such as information typed but not clicked for submission."
Reality TV star and entrepreneur Kim founded Skims back in 2019, offering shapewear for all sizes, and she has since branched out into athleisure items and swimwear.
The 42-year-old, who is said to be worth around $1.2billion, is very hands-on when it comes to the business.
During an episode of The Kardashians, she told her sister Khloe: "I come up with all the campaigns, I come up with the materials, the fabrics, the styles, like I really do everything," adding that she's a "workaholic."
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Referring to her swimwear line, she went on: "I wanted to make it like LEGOs. So it could be like, if you want to cover your arms, wear that. If you want to cover your legs, wear that."
The reality TV star went on: "Like, everyone, pick your insecurity and figure out how to cover it."
