Five Below Alleged Secret Sharing of User Shopping Data
Case Overview
A California consumer initiated a class action lawsuit against Five Below Inc., alleging that the company's mobile applications unlawfully intercepted and transmitted users' personal shopping activity and private information to external third parties. The complaint specifically points to the embedding of tracking technologies, such as Facebook Pixel, TikTok Pixel, and LogRocket session replay software, within the apps.
The allegations state that these tracking tools captured sensitive details, including viewed products, search queries, items in the cart, purchase records, and location data, transmitting this information to entities like Meta and TikTok for advertising, analytics, and profiling. Furthermore, the lawsuit claims that the apps failed to provide adequate notice or an opportunity for users to consent or opt out, and that the privacy policy was inaccessible upon app download.
The lawsuit asserts claims under several federal and state laws, including the Electronic Communications Privacy Act and the California Invasion of Privacy Act. Affected individuals seeking redress can refer to the lawsuit, which is filed as Rubio v. Five Below Inc., and the plaintiff's attorneys are representing the case.
Who May Qualify
Users who downloaded or used Five Below's iOS or Android apps and whose data may have been tracked and shared.
Frequently Asked Questions
What specific data did the lawsuit allege was collected?
The lawsuit alleges that the tracking technologies captured a wide range of personal information, such as products viewed, search terms, cart activity, purchase details, location, and other identifiers.
What laws are cited in the class action lawsuit?
The complaint asserts claims under the federal Electronic Communications Privacy Act, the Pennsylvania Wiretapping and Electronic Surveillance Control Act, the California Invasion of Privacy Act, and the California Unfair Competition Law, in addition to common law claims like intrusion upon seclusion.
Who is representing the plaintiff in this case?
The plaintiff is represented by Liberato P. Verderame of Edelson Lechtzin LLP and David S. Almeida and Lucas Coughlin of Almeida Law Group LLC.
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