Mazda class action alleges site tracks users who declined cookies

Mazda class action lawsuit overview:

• Who: Two Mazda website users filed a class action lawsuit against Mazda Motor of America Inc.
• Why: Plaintiffs claim Mazda’s website used third-party cookies to track visitors even after they declined all cookies and tracking technologies.
• Where: The Mazda class action lawsuit was filed in California federal court.

A new class action lawsuit alleges Mazda Motor of America’s website falsely assured visitors they could decline all tracking cookies, then continued monitoring their activity anyway.

Plaintiffs Vishal Shah and Brian Heinz claim they visited mazdausa.com to research new vehicles, including Mazda’s CX-series and CX-50 models, between 2022 and 2024. Both plaintiffs allege they clicked the “decline all” button on the site’s cookie consent banner before continuing to browse.

According to the Mazda class action lawsuit, the banner told visitors, “We use technologies to personalize and enhance your experience on our site…If you agree to our use of these technologies, please select ‘I Agree’ below,” giving them the option to decline instead.

Shah and Heinz allege that despite selecting “decline all,” Mazda caused third-party cookies from Google’s YouTube service and Adobe to be placed on their devices, allowing the companies to intercept and capture data, such as their browsing history, shopping behavior and geolocation.

The class action lawsuit accuses Mazda of privacy invasion, wiretapping, unlawful use of a pen register, fraud and unjust enrichment. 

The plaintiffs want to represent a nationwide class of website visitors who clicked “decline all,” as well as a California subclass, and are demanding a jury trial.

Network traffic tool shows website cookies sent to Google, Adobe after opt-out

According to the Mazda class action lawsuit, the only way to see what data a website sends to third parties is to use a specialized tool, such as the “Network” tab in Chrome Developer Tools, which logs a browser’s incoming and outgoing traffic.

Using that tool, the plaintiffs’ counsel allegedly found Mazda’s website kept sending HTTP requests carrying cookies to youtube.com and omtrdc.net, Adobe’s domain, after “decline all” had already been clicked. 

“Even when consumers like [the] plaintiffs tried to protect their privacy by declining ‘ALL’ cookies, [Mazda] failed to prevent cookies from being intercepted by the third parties, enabling them to track user behavior and communications,” the class action lawsuit states.

Shah and Heinz claim the tracking deprived them of the ability to control how their personal information is used and diminished its value.

In other litigation against Mazda, a driver claims Mazda CX-90 vehicles have defective brakes and lane-keep assist systems that pose safety risks to drivers.

Have you visited Mazda’s website after declining its cookies? Let us know in the comments.

The plaintiffs are represented by Seth A. Safier, Marie A. McCrary, Todd Kennedy and Kali R. Backer of Gutride Safier LLP.

The Mazda class action lawsuit is Shah, et al. v. Mazda Motor of America Inc., Case No. 4:26-cv-08744, in the U.S. District Court for the Northern District of California.

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