America Online Hit With Class Action Privacy Lawsuit

Three consumers filed a class action lawsuit against America Online in San Francisco late Friday, claiming that AOL violated their privacy by posting their search inquiries online without consent.

The lawsuit alleges that AOL violated the U.S. Electronic Communications Privacy Act, California Online Privacy Act, California False Advertising Law, California Consumers Legal Remedies Act and several other California state laws.

According to the complaint, AOL posted on a publicly accessible Web site a database containing roughly 20 million search queries entered over more than a three-month period with data from approximately 658,000 customers. It states although AOL has apologized for the disclosure, AOL has done nothing to remedy the situation, nor has it stopped collecting information.

The database contains financial information, names, addresses, phone numbers, credit card numbers, social security numbers, financial account numbers, driver license numbers, passwords and user names, according the complaint.

Search data exposed members' personal struggles with issues related to sexuality, mental illness, alcoholism and victimization from incest, physical abuse and rape, according to the allegations. Individuals who conduct AOL searches are identified by a unique identification number, which could potentially lead to them being identified, the lawsuit charges.

The complaint filed at U.S. District Court for the Northern District of California seeks damages on behalf of all AOL customers. It was filed by law office of Berman DeValerio Pease Tabacco Burt & Pucillo, based in San Francisco and West Palm Beach, FL.