Data collection class action lawsuits overview:
- Who: Consumers filed separate class action lawsuits against Nike, Converse and Teladoc.
- Why: The complaints claim Nike, Converse and Teladoc installed a TikTok-designed tracking software on their websites that collects the information of their visitors without their consent.
- Where: The three class action lawsuits were all filed in California federal court.
Consumers have filed class action lawsuits against Nike, Converse and Teladoc over claims the companies installed tracking software on their websites that collects the information of their visitors without their consent.
The class action lawsuits argue the tracking software — which was created by TikTok — is able to collect “as much data as it can” about an “otherwise anonymous” website visitor — a process referred to as “fingerprinting.”
The data obtained from website visitors is then matched with existing data acquired by TikTok about “hundreds of millions of Americans,” with the entire process ultimately done without their consent, the Nike, Converse and Teladoc class actions allege.
“Defendant did not obtain Class Members’ express or implied consent to be subjected to data sharing with TikTok for the purposes of fingerprinting and deanonymization,” the Nike, Converse and Teladoc class actions say.
Nike, Converse, Teladoc accused of violating California Trap and Trace Law
The consumer behind the Converse class action lawsuit wants to represent a California class of individuals who communicated with the company via the chat feature on its website and whose communications were recorded and/or eavesdropped on without their consent.
The consumer behind the Teladoc class action wants to represent a California class of persons whose chats were transcribed by third parties and/or whose identifying information was sent to TikTok.
Lastly, the consumer behind the Nike complaint wants to represent a California class of persons whose information was sent to TikTok by the Nike website through the TikTok tracking software.
The class action lawsuits broadly claim Nike, Converse, and Teladoc are violating the California Trap and Trace Law (CIPA).
“Defendant did not obtain consent from Plaintiff or any of the Class Members before using trap and trace technology to identify users of its Website, and has violated (CIPA),” the class actions say.
The plaintiffs all demand a jury trial and similarly request injunctive relief along with an award of statutory and punitive damages for themselves and all class members. The consumer behind the Converse class action also requested declaratory relief.
Class action lawsuits involving consumer data collection claims were also recently filed against Steak n’ Shake, Capital One, Talkspace, Jaguar Land Rover and Twilio.
Has your data been sent to TikTok without your consent? Let us know in the comments.
The plaintiffs are represented by Robert Tauler and Narain Kumar of Tauler Smith LLP.
The Data collection class action lawsuits are Price, et al. v. Converse Inc., et al., Case No. 2:24-cv-08091, Jurdi, et al. v. Nike Inc., et al., Case No. 2:24-cv-08093, and Ochoa, et al. v. Teladoc Health Inc., et al., Case No. 2:24-cv-08097, all in the U.S. District Court for the Central District of California.
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