While you were sleeping, this mattress company was watching you, lawsuit claims

Tuesday, 05 December 2017, 03:16:22 AM. Online mattress retailer Casper, which has such famous investors as Leonardo DiCaprio, Tobey Maguire and Adam Levine, is facing a class action lawsuit. The suit alleges the start-up violated the Electronic Communications Privacy Act by using code from NaviStone to gather personal data from visitors to the site without their permission.

While you were sleeping, this happened: Casper Mattress got sued.

Celebrity watchers may know this new (ish) company.

In 2015, the New York based start-up raised $55 million from such star-studded backers as Leonardo DiCaprio, Tobey Maguire and Adam Levine. Later that year, the California company came to Miami for a so-called Nap Tour (unfortunately, no stars were present for the sleep sessions).

Everything’s been going pretty well for Casper — which is known for shipping its products compactly in a box for free via UPS or messenger — until recently. It more than doubled sales last year to $220 million, according to CBS News.

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A proposed class action lawsuit filed in New York last month is claiming that Casper and software company NaviStone collected information from visitors to the Casper website to try to learn more about them without their permission, violating the Electronic Communications Privacy Act.

Casper described the lawsuit to CBS as a “blatant attempt to cash in on and extort” a rapidly growing start-up.

The Nov. 28 filing suit, which can be viewed on classaction.org, says “[W]hen connecting to a website that runs this remote code from NaviStone, a visitor’s IP address and other PII is sent to NaviStone in real-time. This real-time interception and transmission of visitors' electronic communications begins as soon as the visitor loads casper.com into their web browser.” Reportedly, it would collect keystrokes, clicks and IP addresses whether or not you actually gave the info to them.

In a statement, Navistone, which enables clients to reach “previously unidentifiable website visitors,” pleaded ignorance: “The first NaviStone heard of this lawsuit was when it was filed. As a result, we have not had the opportunity to speak to the plaintiff or his attorneys about their concerns. We are hopeful that, once that conversation takes place, we can clear up any misunderstandings they may have regarding what NaviStone does — and does not.”

In September, Casper had other legal issues: It got sued by Serta for patent infringement on its high tech Wave model. The case is pending.

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