Vivint class action alleges unlawful spam emails and tracking of website visitors

Vivint class action overview:

• Who: A California consumer filed a class action lawsuit against Vivint Smart Home LLC.
• Why: The plaintiff alleges Vivint violated state law by sending unlawful spam emails to consumers in California and using tracking pixels.
• Where: The Vivint class action lawsuit was filed in California federal court.

A new class action lawsuit accuses home security company Vivint Smart Home of violating California law by sending unlawful spam emails to consumers in the state.

Plaintiff Kenia Gonzalez filed the class action complaint against Vivint Smart Home LLC on April 2 in California federal court, alleging violations of state laws.

Gonzalez claims Vivint, through its affiliate marketers, sent her spam emails with misleading headers, spoofed domains and deceptive subject lines.

The plaintiff alleges the spam emails tricked her into visiting Vivint’s website, where she was subjected to illegal digital surveillance through tracking pixels.

The lawsuit argues that both the spam emails and the subsequent tracking are illegal under California law.

The plaintiff is looking to represent anyone in California who received a commercial email from Vivint containing a falsified domain, header information or misleading subject line, or who visited a Vivint website and had their personal information intercepted by tracking pixels.

Plaintiff: Vivint spam emails deceive consumers

Gonzalez claims she received a spam email from Vivint in February with a forged header, spoofed domain and deceptive subject line. The email was sent from an address that made it appear as though it was from a friend in Atlanta, leading Gonzalez to open it, she says.

The plaintiff argues she was induced to click through to Vivint’s website to determine the email’s origin, a move she says she would not have made if the email had not contained falsified information.

The email’s metadata and embedded code showed multiple signs of spam evasion and deceptive marketing practices, Gonzalez says. She claims the email was transmitted through a third-party bulk mailing service and routed with a sending IP that failed authentication checks, indicating spoofing.

The email also employed tracking and obfuscation techniques to mask the true destination of hyperlinks and enable user tracking, she says. Gonzalez claims Vivint is responsible for sending more than 100,000 spam emails to individuals with California email addresses each year.

Gonzalez is suing for violations of California’s Business & Professions Code and Trap and Trace Law and is seeking certification of the Vivint class action, $1,000 in damages for each email sent, plus attorney’s fees and costs.

In other unlawful emailing, furniture and home interior retailer Overstock was hit with a lawsuit for allegedly sending Washington residents emails with false or misleading information.

What do you think of the allegations made in this Vivint spam email lawsuit? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys APC.

The Vivint class action lawsuit is Gonzalez v. Vivint Smart Home LLC, Case No. 3:26-cv-02103-JLS-BJW, in the U.S. District Court for the Southern District of California.

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