Tracking cookies class action overview:
- Who: A California judge ruled that a class action lawsuit against MyFitnessPal can proceed.
- Why: The judge found that the plaintiffs alleged that MyFitnessPal placed tracking cookies on their devices despite opting out.
- Where: The MyFitnessPal class action lawsuit was filed in California federal court.
A California federal judge has allowed a class action lawsuit against MyFitnessPal to proceed, ruling that the plaintiffs had established standing and adequately stated claims for invasion of privacy, intrusion upon seclusion and unjust enrichment.
In their class action complaint, plaintiffs Vishal Shah and Christine Wiley allege that MyFitnessPal violated their data privacy rights by placing tracking cookies on their devices, even though they had expressly opted out of receiving such cookies.
U.S. District Judge P. Casey Pitts found that Shah and Wiley had adequately alleged that MyFitnessPal’s tracking cookies collected sensitive information, such as browsing history and user input data, which could be considered private and embarrassing.
The judge also found that the plaintiffs had adequately alleged they had a reasonable expectation of privacy in the information collected by the tracking cookies given MyFitnessPal’s alleged misrepresentations about its cookie policy.
MyFitnessPal class action lawsuit can now proceed
MyFitnessPal had argued that the plaintiffs lacked standing because they had not adequately alleged that their personal information was actually collected or that they were injured by the alleged data collection.
The company also argued that the plaintiffs had not adequately alleged they had a reasonable expectation of privacy in the information collected by the tracking cookies.
However, Pitts rejected these arguments, finding that the plaintiffs had adequately alleged both standing and a reasonable expectation of privacy.
The judge also allowed the plaintiffs’ unjust enrichment claim to proceed, finding they had adequately alleged that MyFitnessPal profited from the alleged data collection.
However, Pitts dismissed the plaintiffs’ claims under the California Invasion of Privacy Act and for common law fraud and trespass to chattels, finding that the plaintiffs had not adequately alleged the elements of those claims.
The judge gave the plaintiffs 28 days to file an amended complaint to address the deficiencies in their dismissed claims.
Shah and Wiley filed the MyFitnessPal class action lawsuit in May 2025, alleging the company violated their data privacy rights by deploying tracking cookies that allowed third parties to track users across different websites for targeted advertising and other purposes.
In other privacy concerns, Google agreed to pay $135 million over claims it carried out passive data transfers through the Android operating system without consumers’ knowledge or consent.
What do you think of the judge’s decision to allow the MyFitnessPal class action lawsuit to proceed? Let us know in the comments.
The plaintiffs are represented by Seth A. Safier, Marie A. McCrary, Todd Kennedy, Hayley A. Reynolds and Francisco J. Rolon of Gutride Safier LLP.
The MyFitnessPal class action lawsuit is Shah, et al. v. MyFitnessPal Inc., Case No. 5:25-cv-04430, in the U.S. District Court for the Northern District of California.
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