Five Below class action lawsuit overview:
- Who: A California resident filed a class action lawsuit against Five Below Inc.
- Why: The plaintiff alleges Five Below’s mobile apps secretly and unlawfully intercepted and transmitted users’ shopping activity and personal information to third parties.
- Where: The Five Below class action lawsuit was filed in Pennsylvania federal court.
A California consumer has filed a class action lawsuit accusing Five Below of secretly tracking users of its iOS and Android apps and sharing information about their shopping activity with third parties.
According to plaintiff Tamara Rubio, Five Below embedded Facebook Pixel, Facebook Software Development Kit, TikTok Pixel and LogRocket session replay software into its apps.
The Five Below class action lawsuit alleges the tracking technologies captured information, including products users viewed, searches, cart activity, purchases, prices and other identifiers, and transmitted that information to Meta, TikTok and LogRocket for advertising, analytics and profiling purposes.
The complaint further alleges LogRocket’s software recorded users’ screens and interactions, including taps, swipes, scrolling and entries, throughout their shopping sessions.
Rubio claims the apps did not provide adequate notice that the tracking technologies were operating or give users an opportunity to consent or opt out before their information was transmitted.
The plaintiff also alleges Five Below’s privacy policy was not presented to consumers when they downloaded or launched the apps. She claims the terms referenced by Five Below were inaccessible and could not be accepted, preventing users from meaningfully consenting to the alleged collection and sharing of their data.
Class action claims Five Below collected highly personal information
Rubio alleges the information collected through the apps could reveal sensitive details about users, including household circumstances, health and personal care needs, religious observance, financial conditions and geographic locations.
The Five Below class action lawsuit claims Meta and TikTok could combine the information with data from other websites and apps to build cross-platform advertising profiles.
Rubio says she used the Five Below app beginning in 2024 to browse and purchase merchandise, including products for her minor child. She alleges the tracking technologies captured her searches, product views, cart activity, purchases, location and other personal information without her knowledge or consent.
According to the complaint, Rubio learned about the alleged data sharing through her attorneys’ investigation in June 2026.
The class action lawsuit asserts claims under the federal Electronic Communications Privacy Act, Pennsylvania Wiretapping and Electronic Surveillance Control Act, California Invasion of Privacy Act and California Unfair Competition Law. It also alleges intrusion upon seclusion, invasion of privacy and unjust enrichment.
Rubio seeks statutory, actual and punitive damages, restitution and disgorgement, attorneys’ fees and costs, and injunctive relief requiring Five Below to stop the alleged interception and remove the tracking technologies from its apps.
In August, Five Below was hit with a class action lawsuit alleging the company failed to return tariff refunds it received from the federal government to consumers who had borne the tariff costs.
What do you think about Five Below’s alleged web tracking and consumer profiling? Let us know in the comments.
The plaintiff is represented by Liberato P. Verderame of Edelson Lechtzin LLP and David S. Almeida and Lucas Coughlin of Almeida Law Group LLC.
The Five Below class action lawsuit is Rubio v. Five Below Inc., Case No. 2:26-cv-07553, in the U.S. District Court for the Eastern District of Pennsylvania.
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