Online customer files class action against Fabletics over privacy violations

The plaintiff says the activewear company allows third parties to intercept personal information, even after opting out.SAN FRANCISCO (CN) — An online customer filed a putative class action against an activewear company Monday, saying the company violated her privacy rights after she shopped on its website and third parties captured her information, even after opting out.Customer Lauren Ewing says the El Segundo, California-based brand Fabletics warns customers on its website that it will notify shoppers before collecting information, with the option to opt out; however, after purchasing a product, the company discloses personal information to social media sites such as TikTok, Snapchat and Facebook, as well as Google, Microsoft, LinkedIn and AppLovin.“Defendant aids, agrees with, employs, or otherwise enables third parties to eavesdrop on communications sent and received by plaintiff and class members on the website that defendant owns and operates, including communications that contain personally identifiable information,” Ewing says in her 61-page complaint.After purchasing leggings and jackets on the Fabletics website in March, Ewing says her personal information was intercepted and disclosed without consent intentionally by third parties for targeted advertising.Fabletics, known for its workout and athleisure wear, is co-owned by actress Kate Hudson. Customers receive a significant discount if they become members of the brand and pay a monthly fee. The company often uses influencer marketing but has also expanded to brick-and-mortar stores in the past few years, with 114 U.S. locations.The potential nationwide class is anyone who purchased on the Fabletics website during a given period, to be decided by the court, and includes a California subclass.“The invasion of privacy was serious in nature, scope, and impact because it related to their sensitive and private online communications. Moreover, it constituted an egregious breach of societal norms underlying the privacy right because defendant promised to keep plaintiff and members of the California subclass’s communications confidential,” says Ewing.Ewing brings a violation of the Electronic Communications Privacy Act claim on behalf of the nationwide class, along with a violation of the California Invasion of Privacy Act claim for the California subclass. Additional California claims include a violation of the Comprehensive Computer Data Access and Fraud Act and invasion of privacy under the California Constitution.Ewing asks for injunctive relief, damages and demands a jury trial.The class action was filed in U.S. District Court for the Northern District of California.Fabletics did not immediately respond to a request for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads