Online shoppers sue clothing retailer over data tracking after opt-outs

SAN JOSE, Calif. (CN) — A group of online retail shoppers filed a class action Friday, saying their privacy rights were violated when tracking technology kept their user information and allowed third parties to collect data, even after the customers opted out when visiting specific websites.

Customers who browsed and purchased items through websites for clothing retailers Ann Taylor and Lane Bryant said in their class action complaint that Premium Brands Opco LLC, the apparel parent company, displayed a cookie consent banner, like most other retailers, disclosing the company’s websites use cookies, with options to control tracking and data collection.

However, the shoppers claim, even after they chose to opt out of tracking, the defendant allowed third parties to transmit cookies that track the users’ website browsing and “intercepted their private communications on the websites.”

The named third parties that tracked shoppers’ activities on the clothing sites include Google Analytics, TikTok, Adobe, Salesforce, Snapchat, Pinterest and other retail technology companies.

“This type of tracking and data sharing is exactly what the websites’ visitors sought to avoid when they adjusted the toggle switches on the websites’ cookie preference center to opt out of all non-strictly necessary cookies,” the shoppers said. “Defendant falsely told its websites’ users that it respected their privacy choices and would refrain from tracking and data sharing when users opt out of or rejected cookies.”

The class action was filed in the U.S. District Court for the Northern District of California, with U.S. Magistrate Judge Susan van Keulen assigned to the case.

The class entails “all persons who browsed any of the websites in the state of California after rejecting all non-strictly necessary cookies in the website’s cookies preferences window.” In the complaint, the plaintiffs said they didn’t know the exact size of the class but estimated more than 100 individuals.

The class brings claims of invasion of privacy, intrusion upon seclusion, fraud and unjust enrichment. Additionally, wiretapping and use of a pen register in violation of the California Invasion of Privacy Act are also claimed. The class seeks compensatory and punitive damages.

“Plaintiffs and class members seek punitive damages because defendant’s actions — which were malicious, oppressive, willful — were calculated to injure plaintiffs and class members and made in conscious disregard of plaintiffs’ and class members’ rights and plaintiffs’ and class members’ choice to opt out of the websites’ use of all cookies,” the shoppers said. “Punitive damages are warranted to deter defendant from engaging in future misconduct.”

Attorneys for the plaintiffs and Premium Brands Opco did not immediately respond to requests for comment.