Capital One, Talkspace others hit with data privacy, tracking class actions

Data privacy class action lawsuits overview: 

• Who: Consumers recently filed class action lawsuits against Steak ‘n Shake, Capital One, Talkspace, Jaguar Land Rover and Twilio. 
• Why: The class action lawsuits involve data privacy and tracking. 
• Where: The complaints were filed in U.S. federal courts. 

Consumers recently filed class action lawsuits against companies accused of unlawfully collecting, sharing and/or tracking consumer data without consent. 

Steak ‘n Shake uses self-service kiosks to unlawfully collect face scans, class action says

A consumer filed a class action lawsuit against Steak ‘n Shake in late August over claims the company illegally collects and stores customer facial information using its self-service kiosks. 

The class action lawsuit argues Steak ‘n Shake violates Illinois’ Biometric Information Privacy Act by collecting, storing and using the facial scans without proper consent. 

Steak ‘n Shake introduced the self-service kiosks in 2024, according to the class action, which argues they collect and store facial geometry data without consent. 

The consumer behind the complaint argues Steak ‘n Shake failed to provide adequate notice or obtain a written release prior to collecting the biometric data as required by BIPA. 

Capital One shared personal data of customers with Meta, others, class action says 

A group of consumers filed a class action lawsuit against Capital One last month over claims the bank shared customers’ personal data with third parties like Meta, Google and Microsoft without their knowledge or consent. 

The complaint argues Capital One embedded a code-based tracking device on its website that discloses account and credit card application information, as well as which pages a customer visits. 

“Upon information and belief, Capital One utilized data from trackers to improve and to save costs on its marketing campaigns, improve its data analytics, attract new customers and generate sales,” the Capital One class action says. 

Talkspace shares visitor data with TikTok without consent, class action claims 

A consumer filed a class action lawsuit against Talkspace in August over claims the company violated a California state law by allegedly installing a tracker on its website that shares visitor data with TikTok without user consent. 

The class action lawsuit argues Talkspace illegally installed TikTok-designed tracking software on its website that allows the social media site to collect “as much data as it can” from individuals visiting the Talkspace website. 

“The TikTok software begins to collect information the moment a user lands on the website. Thus, even though the website has a ‘cookie banner’ the information has already been sent to TikTok regarding the user’s visit,” the Talkspace class action says. 

Jaguar Land Rover vehicles contain software that records, sells driver data, class action claims 

A pair of consumers filed a class action lawsuit against Jaguar Land Rover North America LLC last month over claims the automaker equips vehicles with software that records and sells drive data. 

The class action lawsuit argues Jaguar fails to notify customers that their data will be collected and/or sold to third parties, some of which may go on to sell the data to insurance companies, possibly leading to higher insurance premiums. 

“The software and applications allow (Jaguar Land Rover) to record, store and transmit data not just about vehicle condition (e.g. engine or transmission status, etc.), but also driver behavior,” the Jaguar Land Rover class action says.

The consumers behind the complaint argue persons like themselves may not have purchased their Jaguar Land Rover vehicles had they known the company’s alleged data collect practices. 

Twilio illegally eavesdrops on mobile app users, class action says

A consumer filed a complaint against Twilo in August over claims the cloud communications company illegally eavesdrops on the sensitive in-app communications of mobile app users. 

The class action lawsuit argues Twilio collects sensitive data from unsuspecting consumers by way of a software development kit developers discreetly embedded into mobile apps.

“Armed with a wealth of data on the consumer, Twilio leverages its proprietary artificial intelligence to correlate data from various sources to compile a comprehensive digital dossier on each consumer,” the Twilio class action says. 

Has a business shared and/or sold your data without your consent? Let us know in the comments.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Avis data breach reportedly affects nearly 300,000 customers
• ZoomInfo class action claims site used personal info to advertise services
• Verizon class action claims company denies blind, visually impaired equal access to website