Walmart Class Action Says Retailer Shares Shopper Info With Facebook

A group of California Walmart shoppers claim that the retail giant shared their personal information with the social networking website Facebook without their permission.

Lead plaintiffs, Alicia Cappello and Catherine Mosqueda, allege in their class action lawsuit that Walmart shared their identities, as well as entertainment purchases they made online.

The plaintiffs say that Facebook used this data, obtained without consent, to target California Walmart shoppers with advertising.

The Walmart class action lawsuit claims that the plaintiffs personal information and shopping habits were recorded and shared by Walmart while they were shopping online at the store.

The plaintiffs say this information was transferred to Facebook because they were logged on to the social media site on the same device they happened to be shopping with.

According to the Walmart data sharing class action lawsuit, consumers’ online shopping was tracked by software, Facebook Pixel, that sent that information to Facebook without consumer knowledge or consent.

However, the plaintiffs say that California residents are protected under state law regarding their entertainment choices, as well as by the federal Video Privacy Protection Act (VPPA).

“Walmart knew that these disclosures identified plaintiffs and class members to Facebook as individuals having requested or obtained specific video media from Walmart because … Walmart chose, programmed, and intended for Facebook to receive the Walmart product ID’s of the products customers purchased on walmart.com,” alleges the Walmart class action lawsuit.

The software, Facebook Pixel, allegedly tracks individuals’ online activity without their consent. Though Facebook has said it will be more transparent with consumers about the activity it tracks, the company continues to be plagued by complaints over user privacy and data sharing.

According to the Walmart data sharing class action lawsuit, the VPPA restricts companies from sharing consumers’ identifiable information and preferences regarding video and entertainment purchases without their express written consent.

Further, California law further protects California consumers from the disclosure of “any personal information or the contents of any record, including sales or rental information, which is prepared or maintained by that person, to any person, other than the individual who is the subject of the record, without the written consent of that individual.”

The Walmart class action lawsuit alleges that Walmart installed Facebook Pixel onto its website but failed to disclose this to consumers.

The plaintiffs say that Facebook Pixel “systematically disclosed” the Facebook IDs and a record of purchases consumers made online at Walmart.com.

The Walmart data sharing class action lawsuit seeks to represent a nationwide Class of consumers who shopped Walmart.com and whose information was shared with Facebook, as well as a California subclass.

The class action plaintiffs are seeking an injunction against Walmart to stop disclosing Facebook IDs and purchase information. Further, the plaintiffs want steep statutory fines of $2,500 per violation, to be assessed against the retailer.

The lead plaintiffs and proposed Class are represented by Ray E. Gallo, Dominic R. Valerian and Nathaniel M. Simons of Gallo LLP.

The Walmart Data Sharing Class Action Lawsuit is Cappello, et al. v. Walmart Inc., Case No. RG18923367, in the Superior Court for the State of California, County of Alameda.