Class action alleges Temu used deceptive spam emails to install tracking technology

Temu class action lawsuit overview:

• Who: A California consumer filed a class action lawsuit against Whaleco Inc., doing business as Temu.
• Why: The plaintiff claims Temu illegally spams consumers with deceptive emails that violate California privacy laws.
• Where: The Temu spam class action lawsuit was filed in California federal court.

A new class action lawsuit alleges Temu violated California privacy laws by sending spam emails with deceptive subject lines and fake domains.

Plaintiff Dallas Pottish filed the class action complaint against Whaleco Inc., doing business as Temu, in California federal court, alleging violations of state privacy laws. Temu is a global online retailer operating a direct-from-source business model.

According to the complaint, Temu has been sending spam emails to California consumers with misleading subject lines, forged headers and spoofed domains. The emails trick recipients into opening them and visiting Temu’s website, where the company allegedly installs illegal tracking pixels on their devices.

“Defendant is the definition of a company that profits from modern spam abuse,” Pottish says.

The class action lawsuit alleges Temu’s spam emails violate California’s anti-spam law, which prohibits the use of falsified or misleading information in commercial emails. The law imposes strict liability on advertisers who benefit from deceptive emails, regardless of whether they sent the emails themselves.

Temu spam emails advertised products that did not exist, lawsuit claims

Pottish claims Temu’s emails use fake domains that have no connection to the company, such as privaterelay.appleid.com, to obscure the sender’s identity and make the emails appear legitimate. 

The emails use both deceptive headers and subject lines that mislead recipients about the nature of the offer, the Temu class action lawsuit says.

For example, one email had the subject line “$0.01 False Nails – Ends Soon,” suggesting a limited-time sale, but when Pottish clicked on the link, he found no such product was available for that price, the lawsuit claims.

Pottish says he would not have opened the email or visited Temu’s website if the email had not contained falsified and misleading information.

After Pottish visited Temu’s website, he says the company installed tracking pixels on his device that allowed it to monitor his online activity and collect personal data without his consent. The tracking pixels allegedly enabled Temu and its partners to follow Pottish’s behavior across the internet and use his data for targeted advertising.

The class action lawsuit alleges Temu’s use of tracking pixels violates California’s Trap and Trace Law, which requires companies to obtain a court order before installing devices that capture routing or signaling information from electronic communications.

Pottish seeks to represent a class of all California citizens who received spam emails from Temu with falsified or misleading information or who visited Temu’s website and had their data collected without consent.

The class action lawsuit seeks statutory damages of $1,000 per spam email as well as punitive damages and injunctive relief.

In another legal action against Temu, a New York federal judge ordered plaintiffs to arbitrate claims of privacy violations against Temu, ruling that the arbitration agreement in Temu’s terms is valid and enforceable.

Have you ever received spam emails from Temu or visited its website? Let us know in the comments.

Pottish is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys.

The Temu class action lawsuit is Pottish v. Whaleco Inc., Case No. 2:26-cv-05657, in the U.S. District Court for the Central District of California.

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