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If Papa John's could get sued over this (it's just a pizza place...) then I have no idea how Hotjar hasn't been sued into oblivion, especially considering their

by rany_ 4y ago

If Papa John's could get sued over this (it's just a pizza place...) then I have no idea how Hotjar hasn't been sued into oblivion, especially considering their analytics tools don't responsibly tell the users they're being recorded. Edit: or rather any website that uses Hotjar without informing their users clearly (basically all of them) ...

cantSpellSober 4y ago
PJ's has 5,500 locations in 49 countries. Hotjar had just $25M in revenue last report.
- Alupis 4y ago
  HotJar would have a very serious interest in litigating this issue, whereas Papa John's will have a very serious interest in writing a check to make this go away. That's why HotJar is not the named defendant.
  - cantSpellSober 4y ago
    PJ is not "just a pizza place," it's a global brand with a massive litigious legal team that rarely writes checks "to make this go away" https://www.prnewswire.com/news-releases/papa-john-schnatter-wins-major-ruling-lawsuit-against-ad-firm-to-proceed-301631539.html https://www.prnewswire.com/news-releases/papa-john-schnatter... Hotjar doesn't have the funds to pay a class action suit.
    - Alupis 4y ago
      > The case, filed in December 2019, revolves around Mr. Schnatter's claim that he was targeted by the Defendants, which then leaked secretly-recorded private comments by Mr. Schnatter to the media – out of context to reverse their meaning – maliciously harming him and the company brand. Defendants' actions resulted in a hasty and harmful reaction by the Papa John's board of directors, forcing Mr. Schnatter out of the company he founded 34 years earlier That is not the same. He was maliciously ran out of his company. This is a technical roadbump, one that does zero harm to PJ or their reputation either direction. They will write a check.
      - cantSpellSober 4y ago
        Thanks for quoting the whole thing, but I already read it. I actually posted a link to it. Papa John had had over 40 lawsuits in the last 30 days. A multinational chain is not an easy target. They have a couple attorneys and a long track record of legal battles, not shrugging things off.
        Alupis 4y ago
        The point is, their attorneys cost a lot of money to actually go litigate. They will have to bring in outside council, and hire a team that actually litigates, not just advises. It comes down to gut-wrenching, but basic math. It will cost hundreds of thousands of dollars to litigate, and the outcome is uncertain. Writing a check for half that amount and settle this in a few months is far more desirable. Particularly for something so easy for PJ's to just remove from their site and shrug off. It's not core to their business or anything... they're not defending the right to put pepperoni on pizzas... > Papa John had had over 40 lawsuits in the last 30 days You mean there have been 40 complaints filed against them in 30 days. That's not surprising at all. How many of these go to court? Probably near zero... it's just the reality of lawsuits...
        cantSpellSober 4y ago
        Yeah, I already knew that attorneys cost money > It's not core to their business E-commerce?!
        Alupis 4y ago
        This session replay thing is not critical to anything they do, including ecommerce. It's just another analytics thing... Here's how it will play out... been there done that myself: 1) Tech team will be commanded to remove this analytics collection utility, and never use it again. 2) Lawyers get together and figure out a payment that makes sense without litigating and bringing on that risk. 3) Papa John's cuts a check and forgets this even happened. There is no scenario where this sees a courtroom. No case law will be made. No arguments will even be made. The lawyers will jaw back and forth for a few months, because that's what they do, but then ultimately a demand will be made by the Plaintiff's attorneys, PJ will haggle it down a bit, ultimately pay it, and then the real Plaintiff will get a small stipend if they agree to lend their name to another copycat case... rinse and repeat.
- silisili 4y ago
  Huh? Papa John's is the fourth largest pizza chain in the US. Pizza Hut for example has triple the locations worldwide.
  - cantSpellSober 4y ago
    Ok, it's a massive company https://www.zippia.com/advice/largest-pizza-chains/ https://www.zippia.com/advice/largest-pizza-chains/

by rany_ 4y ago

cantSpellSober 4y ago

PJ's has 5,500 locations in 49 countries. Hotjar had just $25M in revenue last report.

Alupis 4y ago
HotJar would have a very serious interest in litigating this issue, whereas Papa John's will have a very serious interest in writing a check to make this go away. That's why HotJar is not the named defendant.
- cantSpellSober 4y ago
  PJ is not "just a pizza place," it's a global brand with a massive litigious legal team that rarely writes checks "to make this go away" https://www.prnewswire.com/news-releases/papa-john-schnatter-wins-major-ruling-lawsuit-against-ad-firm-to-proceed-301631539.html https://www.prnewswire.com/news-releases/papa-john-schnatter... Hotjar doesn't have the funds to pay a class action suit.
  - Alupis 4y ago
    > The case, filed in December 2019, revolves around Mr. Schnatter's claim that he was targeted by the Defendants, which then leaked secretly-recorded private comments by Mr. Schnatter to the media – out of context to reverse their meaning – maliciously harming him and the company brand. Defendants' actions resulted in a hasty and harmful reaction by the Papa John's board of directors, forcing Mr. Schnatter out of the company he founded 34 years earlier That is not the same. He was maliciously ran out of his company. This is a technical roadbump, one that does zero harm to PJ or their reputation either direction. They will write a check.
    - cantSpellSober 4y ago
      Thanks for quoting the whole thing, but I already read it. I actually posted a link to it. Papa John had had over 40 lawsuits in the last 30 days. A multinational chain is not an easy target. They have a couple attorneys and a long track record of legal battles, not shrugging things off.
      - Alupis 4y ago
        The point is, their attorneys cost a lot of money to actually go litigate. They will have to bring in outside council, and hire a team that actually litigates, not just advises. It comes down to gut-wrenching, but basic math. It will cost hundreds of thousands of dollars to litigate, and the outcome is uncertain. Writing a check for half that amount and settle this in a few months is far more desirable. Particularly for something so easy for PJ's to just remove from their site and shrug off. It's not core to their business or anything... they're not defending the right to put pepperoni on pizzas... > Papa John had had over 40 lawsuits in the last 30 days You mean there have been 40 complaints filed against them in 30 days. That's not surprising at all. How many of these go to court? Probably near zero... it's just the reality of lawsuits...
        cantSpellSober 4y ago
        Yeah, I already knew that attorneys cost money > It's not core to their business E-commerce?!
        Alupis 4y ago
        This session replay thing is not critical to anything they do, including ecommerce. It's just another analytics thing... Here's how it will play out... been there done that myself: 1) Tech team will be commanded to remove this analytics collection utility, and never use it again. 2) Lawyers get together and figure out a payment that makes sense without litigating and bringing on that risk. 3) Papa John's cuts a check and forgets this even happened. There is no scenario where this sees a courtroom. No case law will be made. No arguments will even be made. The lawyers will jaw back and forth for a few months, because that's what they do, but then ultimately a demand will be made by the Plaintiff's attorneys, PJ will haggle it down a bit, ultimately pay it, and then the real Plaintiff will get a small stipend if they agree to lend their name to another copycat case... rinse and repeat.
silisili 4y ago
Huh? Papa John's is the fourth largest pizza chain in the US. Pizza Hut for example has triple the locations worldwide.
- cantSpellSober 4y ago
  Ok, it's a massive company https://www.zippia.com/advice/largest-pizza-chains/ https://www.zippia.com/advice/largest-pizza-chains/