Umm, what made someone think this would be legal?
Pa. suit: Furniture rental co. spies on PC users
The rental company appears to have a clueless lawyer who imagines attack is the best form of defense:
Aaron's, which bills itself as the nation's leader in the sales and lease ownership of residential furniture, consumer electronics and home appliances, said the lawsuit was meritless. It said it respects its customers' privacy and hasn't authorized any of its corporate stores to install the software described in the lawsuit.It does not take a legal genius to see that the plaintif suffered an injury here. The only question is who is liable. Since the employee had knowledge of the spying software and the employee was acting for the store, it is very hard to see how Aaron's could not be liable.
Aaron's best chance to avoid class action status would be to persuade the court that this is an isolated incident and it is anxious to repair the damage. Describing the suit as meritless does not seem a good way to achieve that.