TJX class action claims company embeds hidden spy pixel trackers in emails

TJX class action lawsuit overview:

• Who: Plaintiff Arlette Campos filed a class action lawsuit against TJX Companies Inc.
• Why: TJX allegedly embedded hidden spy pixel trackers in marketing emails to procure sensitive identifying information from consumers.
• Where: The TJX emails class action lawsuit was filed in Massachusetts federal court.

TJX Companies Inc. embeds hidden spy pixel trackers in emails it sends to consumers, according to a new TJX class action lawsuit filed April 22 in Massachusetts federal court.

TJX owns and operates several retail store chains, including TJ Maxx, Marshalls, HomeGoods, Sierra and Homesense. Plaintiff Arlette Campos says she frequently opened promotional TJX emails, not knowing the retailer procured sensitive identifying information each time she opened an email. She says she did not consent to this practice.

The TJX class action says Arizona law prohibits the practice of embedding trackers without first obtaining consumers’ consent.

“These trackers, known as ‘spy pixels,’ enable companies to learn information about the email transfer, including when and where the email was opened,” the TJX emails class action says. The TJX pixel trackers allegedly log when the consumer opens the email, the number of times the email is opened, the type of device used, and the IP address linked to the consumer’s location.

Hidden TJX pixel trackers violate Arizona law, plaintiff alleges

TJX pixel trackers are automatically downloaded when consumers open TJX emails, Campos explains. She alleges class members were never informed that TJX emails contained hidden spy pixels that allow TJX to procure sensitive information.

Campos alleges the use of pixel trackers in TJX emails violates Arizona Revised Statute section 44-1376.01, which prohibits the procurement of any “communication service record” of “any resident of the state without the authorization of the customer to whom the record pertains, or by any fraudulent, deceptive or false means.”

Arizona residents are permitted to seek civil remedies for violations of this law, the TJX class action lawsuit explains.

Campos filed the TJX class action lawsuit on behalf of herself and a proposed class of consumers in Arizona who opened a marketing email containing TJX tracking pixels. 

TJX recently issued a recall on some Tommy Bahama children’s pants because plastic pieces can come off and pose a choking hazard.

Do you think TJX pixel trackers are an invasion of privacy? Join the discussion in the comments.

Campos is represented by Joel D. Smith of Smith Krivoshey PC and Yitzchak Kopel, Alec M. Leslie and Israel Rosenberg of Bursor & Fisher PA.

The TJX pixel trackers class action lawsuit is Arlette Campos v TJX Companies Inc., Case No. 1:24-cv-11067, in the U.S. District Court for the District of Massachusetts.

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