Update:
- A New York federal judge ordered plaintiffs accusing Temu of privacy violations to arbitrate their claims, ruling that the arbitration agreement in Temu’s terms is valid and enforceable.
- U.S. District Judge Margo K. Brodie found that questions about the scope of arbitration must be decided by an arbitrator, rejecting the plaintiffs’ arguments that the delegation clause and batch arbitration provisions were unconscionable.
- Claims brought on behalf of nonusers or individuals whose data was allegedly collected through communications with Temu users were dismissed for lack of standing.
- The court granted jurisdictional discovery to explore whether Temu’s parent company, PDD Holdings Inc., can enforce the arbitration agreement.
- The Temu class action alleges that Temu’s app collects personal and biometric data from users and nonusers without consent and poses serious risks to data privacy.
Temu data class action lawsuit overview:
- Who: A group of consumers filed a class action lawsuit against Whaleco Inc., doing business as Temu, and PDD Holdings Inc., formerly known as Pinduoduo Inc.
- Why: Consumers claim Temu, a Chinese-owned online shopping platform, collects more data from its users than is necessary and in a greater amount than what it discloses.
- Where: The class action lawsuit was filed in Illinois federal court.
(Nov. 9, 2023)
Online shopping platform Temu collects data from its users beyond what is necessary and in a greater amount than is disclosed, a new class action lawsuit alleges.
A group of Temu users argue experts concluded Temu “purposefully and intentionally” loaded tools into its app that “execute virulent and dangerous malware and spyware activities on user devices.”
“According to these experts, Temu collects user data beyond what is necessary for an online shopping app, including biometric information and data from users of the app,” the class action states.
Temu users want to represent a nationwide class and Illinois, California and Virginia subclasses of consumers who have used the platform.
Experts found Temu conceals alleged privacy violations, class action says
Experts determined Temu has “gone to great lengths” to conceal alleged privacy violations from its users so it can continue to steal their data, the class action alleges.
Temu users argue the alleged privacy violations are especially concerning given Temu is a Chinese-owned company, meaning the data it collects is “ultimately available to individuals and entities in China.”
“Under Chinese law, in turn, such user data possessed by, controlled by or accessible to individuals and entities in China may be demanded by the government at any time,” the Temu class action lawsuit states.
Temu users claim the company is guilty of unjust enrichment and violating the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act of 1986 and a variety of state laws.
However, a Temu spokesperson told Top Class Actions the class action lawsuit’s allegations are largely derived from a report by a short-selling firm, which has vested commercial interests in disseminating negative misinformation.
“We strongly oppose the allegations contained within it,” the spokesperson says. “Furthermore, the same law firm has recently initiated class action lawsuits against companies such as Amazon and Apple.”
The plaintiffs demand a jury trial and request declaratory and injunctive relief along with an award of compensatory, statutory and punitive damages for themselves and all class members.
Temu disputed a separate complaint last month filed by rival online marketplace Shein; the complaint claimed Temu used thousands of copyrighted images as promotional photos on its website.
Have you used Temu? Let us know in the comments.
The plaintiffs are represented by Steve W. Berman and Jeannie Evans of Hagens Berman Sobol Shapiro LLP and Douglas G. Smith of Aurelius Law Group LLC.
The Temu data class action lawsuit is Ziboukh, et al. v. Whaleco Inc. d/b/a Temu, et al., Case No. 1:23-cv-15653, in the U.S. District Court for the Northern District of Illinois.
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2,731 thoughts onTemu class action moves to arbitration as shoppers say company hid privacy breaches to steal data
I have tested and proven temu listens to people talking, without the mic permission even being granted.
I have bought many things from temu
actually wrote a comment and would like to be in the class action suite against TEMU as I’m a member for a few yrs and have purchased on numerous occasions products from them and I have gotten insanely large amounts of emails and phone calls ever since. Deciptive advertising also please include me.
I have shopped the team you for quite a while now and it seems funny that they’re always popping up sending me emails and requests trying to give me discounts and saying that I got stuff for free and then I end up having to pay for stuff and I’m sure they got some of my data too we’ve argued about stuff over and over again with team meal but it never did get resolved they’re always right we’re always wrong I’ve bought stuff from them several times and I’m sure they got my data too.
Please add me , I also have bought items from temu, and it wasn’t the item that they were advertising , and they had me buying items thinking I was going to get the free gifts, major false advertisement! That was there way to trick me into buying the amount of items that I did.
Add me please. Me and my fiance both had brought things from them and they have never sent what was ordered they would always send what ever they wanted too and plus then they did not want to refund the money back but they also did not want to back their advertising up either$200 cash back never happened. They are nothing but liars
They made money off me by selling me the wrong items, misrepresented items, manipulated me by using those you won a free gift promotion . like that wasn’t enough profit they sold my info so much I can barely answer my phone anymore and the amount of scam texts I got is unbelievable. not only was my info sold to legit scams but also dishonest groups just trying to steal my money. if there is a difference between the 2 . so please add me
I actually wrote a comment and would like to be in the class action suite against TEMU as I’m a member for a few yrs and have purchased on numerous occasions products from them and I have gotten insanely large amounts of emails and phone calls ever since I
I registered my account or signed up with them and if they were stealing customers who loyally purchased products from them and abused the trust of the customers who trusted them then they most definitely need to pay every single person who’s in their data base whom had an account when this was taking place. Can you please tell me what my next step would be as I’m living in Georgia and I’m unaware of the laws or steps that must be taken because the court is in a jurisdiction that I have no knowledge of and not have I ever been involved in a class action or lawsuit against any business or person prior to this coming to my attention but would like to be included in the class action if they were deceiving customers. Has this breach of trust and privacy been rectified and addressed? I ask because I am still currently a member but have not ordered anything else since learning of this breach of consent and I’m wondering if I should cancel or be removed from their website.
I apologize for the length of this.
Sincerely, M. I.
Add me pls! I have ordered from them multiple times.. faulty products, advertising deals that are impossible to achieve, data breach.
Please add me, Temu’s advertisements of products are misleading. I ordered numerous things at once only to get them and see it’s not what it said or there’s a twist. I have stopped ordering and will not order anymore. As far as refunding they don’t want to give you all your money back either.