Beauty Products Retailer Kiss USA Facing Class Action for Allegedly Sharing Website Visitor Data with Facebook

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A proposed class action claims Kiss Nail Products, Inc., which does business as Kiss USA, secretly shares website visitors’ personal data with Meta Platforms (Facebook) without their knowledge or consent.

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According to the 26-page lawsuit, the beauty products retailer has violated California and Pennsylvania privacy laws by secretly embedding a tracking tool known as the Meta pixel into KissUSA.com, which enables Facebook to “eavesdrop” on visitors’ online activities for marketing and data analytics purposes.

When a consumer visits KissUSA.com, the tracker transmits to the social media company any products the user searches for and views, the suit relays. Per the case, the web-tracking tool also shares their Facebook ID, a unique code linked with the visitor’s social media profile that “allows anybody—not just Meta—to identify the individual consumer.”

The complaint contends that this combination of information is sufficient to match a user’s identity with their searches and interactions on the website.

Per the filing, the defendant did not disclose its use of the Meta pixel to website visitors, nor did it obtain authorization before allowing Facebook to capture consumers’ personally identifiable data.

“At no point during a user’s time accessing [KissUSA.com] does [Kiss USA] give users an opportunity to consent to Meta’s interception of users’ communications with [the defendant],” the case charges. “Based on the information [the company] provides its website users, users have no way of knowing that their communications are being intercepted by Meta.”

The lawsuit looks to represent any California or Pennsylvania residents who used the search bar on KissUSA.com while in either state during the applicable statute of limitations period.

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