T.J. Maxx Shoppers Allege Privacy Breach in Class Action Lawsuit

T.J. Maxx shoppers who say their information was shared without permission are fighting the retailer’s attempt to compel arbitration.

T.J. Maxx and a number of other large retailers violated California consumer protection laws when it shared shoppers’ data with a third party software firm, according to the class action lawsuit. The firm, The Retail Equation, helps identify fraudulent consumer returns; the issue is that T.J. Maxx allegedly failed to inform its shoppers about the data sharing.

In addition to T.J. Maxx, the class action lawsuit names Best Buy, The Home Depot, Sephora, and Bed Bath & Beyond as defendants who violated the California Consumer Privacy Act (CCPA) by sharing shoppers’ data without permission.

T.J. Maxx Shoppers Should Arbitrate Claims, Store Says

T.J. Maxx is fighting for the class action lawsuit claims against it to be handled in arbitration. The retailer reportedly argued that it has an arbitration provision in its Terms of Service and that T.J. Maxx shoppers agreed to these terms while shopping online.

In a recent motion, the plaintiffs fired back – pointing out that T.J. Maxx’s arbitration clause is buried in a Terms of Service hyperlink on the checkout webpage.

Further, even if a consumer clicks on the link on the checkout page, they must also parse through over 9,500 words of fine print to find another link to the terms of use, claims the motion. From there, consumers must review several thousand more words before being presented with information about arbitration.

“The word ‘arbitration’ does not appear in the subject headings,” points out the motion. “There is no indication of any sort on the first screen of the Terms that the Terms contain a binding arbitration provision. Indeed, the word ‘arbitration’ does not appear in the Terms until a reader scrolls through six pages of text and more than 4,300 words.”

The motion also called into question the authenticity of the evidence provided by the retailer to support its argument for arbitration. The plaintiffs contend that the website consumers are presented with when they checkout of the T.J. Maxx website is much different from the one provided in the retailer’s court filings.

Are you a T.J. Maxx shopper? Are you concerned about the alleged data sharing? Tell us your experience in the comment section below!

The lead plaintiff and proposed Class Members are represented by Tina Wolfson, Theodore Maya, Bradley K. King, Christopher Stiner, Rachel Johnson of Ahdoot & Wolfson PC, and Cornelius P. Dukelow of Abington Cole & Ellery.

The T.J. Maxx Data Breach Class Action Lawsuit is Shadi Hayden, et al. v. The Retail Equation et al., Case No. 8:20-cv-01203, in the U.S. District Court for the Central District of California.

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• Credit and Debit Card Receipt Privacy Lawsuit Investigation