Saks class action alleges retailer embeds tracker in emails without consent

Saks emails class action lawsuit overview: 

• Who: Fan Mills filed a class action lawsuit against Saks.com LLC. 
• Why: Mills claims Saks tracks whether and when its email list subscribers open and read their emails, without first obtaining consent to do so. 
• Where: The class action lawsuit was filed in New York federal court. 

Saks embeds trackers in its emails that record whether and when its subscribers open and read their messages, without first obtaining consent, a new class action lawsuit alleges. 

Plaintiff Fan Mills claims Saks solicits its customers to sign up for its email list but never receives their consent to collect information on whether or not they open and read the emails. 

Mills argues Saks is in violation of Arizona’s Telephone, Utility and Communication Service Records Act, which “prohibits procuring or attempting to procure the communication service records of email recipients without their authorization.” 

“Each time Plaintiff opened an email from Defendant, Defendant procured information identifying her and disclosing when she opened and read the email,” the Saks class action states. 

Mills wants to represent an Arizona class of individuals who have opened a marketing email that contains a tracking pixel from Saks. 

Saks uses spy pixel to track when customers open their emails, says class action

Miller claims Saks uses an email tracking system created by the company Algonomy called “richrelevance” that allows Saks to procure information about when and whether a customer opens and reads an email. 

Saks also uses its own spy pixel to track when customers open their emails and, allegedly, to record the email address, the subject of the email, and when the email is opened and read, the Saks class action alleges. 

“Defendant utilized a tracking system to determine the time and place their marketing emails were opened,” the Saks class action states. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual damages for herself and all class members. 

Saks, along with several others, was previously involved in a class action settlement early last year that resolved claims the companies’ alleged negligence led to a data breach. 

Have you opened a marketing email from Saks containing a tracking pixel? Let us know in the comments.

The plaintiff is represented by Yitzchak Kopel and Israel Rosenberg of Bursor & Fisher, P.A.

The Saks emails class action lawsuit is Mills, et al. v. Saks.com LLC, Case No. 1:23-cv-10638, in the U.S. District Court for the Southern District of New York.

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