Class action claims Zappos secretly shared shoppers’ data with Meta without consent

Zappos class action lawsuit overview:

• Who: Plaintiff Jeanette McFarlane filed a class action lawsuit against Zappos.com LLC.
• Why: McFarlane claims Zappos allowed Meta to intercept shoppers’ private communications and personal data despite promising to keep that information confidential.
• Where: The Zappos class action lawsuit was filed in the California federal court.

Zappos is accused of secretly allowing Meta to eavesdrop on customers’ online shopping activity through tracking technology embedded on its website, according to a new class action lawsuit.

Plaintiff Jeanette McFarlane alleges Zappos violated federal and California privacy laws by permitting Meta to intercept customers’ electronic communications without their knowledge or consent. 

She claims this conduct occurred even though Zappos explicitly represented to consumers that their personal information would not be used or shared for interest-based advertising.

According to the class action lawsuit, Zappos embedded Meta’s tracking technologies on its website, including the Meta Pixel, which allegedly intercepted shoppers’ communications in real time as they browsed products, added items to their carts and completed purchases. 

The lawsuit claims Meta received customers’ names, email addresses, phone numbers, IP addresses, location data and purchase details during these interactions.

Lawsuit: Zappos enabled Meta to wiretap shoppers’ online activity

McFarlane claims she visited Zappos’ website in December 2023 to buy shoes and provided personal and payment information during checkout. Despite Zappos’ assurances of privacy, she alleges Meta intercepted her communications and associated that data with her identity for advertising and analytics purposes. 

The class action lawsuit says neither Zappos nor Meta obtained her consent before the interception occurred. The complaint further alleges Zappos’ privacy policies and advertising disclosures misled consumers by stating the company does not use identifying information, such as names or email addresses, for targeted advertising. 

McFarlane claims these representations were false because Zappos allegedly disclosed identifiable customer data to Meta throughout the shopping and checkout process.

The plaintiff seeks to represent a nationwide class of consumers who made purchases on Zappos’ website during the proposed class period as well as a California subclass. 

McFarlane alleges Zappos violated the federal Electronic Communications Privacy Act and multiple provisions of the California Invasion of Privacy Act by aiding and permitting Meta’s interception of confidential communications. The lawsuit also asserts violations of California’s computer fraud statute and the state constitution’s right to privacy.

The complaint seeks injunctive relief, statutory damages, restitution, punitive damages, attorneys’ fees and a jury trial. 

Meanwhile, a California federal judge recently denied Adidas’ motion to dismiss a class action lawsuit claiming the company violated the California Invasion of Privacy Act by installing and using tracking pixels on its website.

What do you think of the allegations made in this Zappos class action lawsuit? Let us know in the comments.

McFarlane is represented by Sarah N. Westcot of Bursor & Fisher P.A.

The Zappos data privacy class action lawsuit is McFarlane v. Zappos.com LLC, Case No. 3:25-cv-10547, in the U.S. District Court for the Northern District of California.

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