Burlington Coat Factory Hit with Class Action Lawsuit Over Alleged Spyware in Marketing Emails

New to ClassAction.org? Read our Newswire Disclaimer

Burlington Coat Factory faces a new class action lawsuit that alleges the retailer has secretly embedded web-tracking technology into its marketing emails to collect recipients’ personal data without their knowledge or consent.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 23-page proposed class action contends that Burlington Coat Factory uses tracking tools known as “spy pixels” to capture information about email recipients for the benefit of the retailer’s targeted marketing efforts. The suit claims the company has breached an Arizona privacy law by intercepting residents’ email data without first obtaining their permission.

As the case tells it, the virtually invisible trackers gather sensitive information such as when and where a consumer opens an email, how long they spend reading it, their device details, their IP address and more.

In addition, the complaint points out that the alleged spy pixels begin collecting data as soon as a message is opened.

“To activate a spy pixel, recipients only need to open the email,” the filing relays. “The recipient does not need to directly engage with the pixel—when an email is opened the tracking pixel is automatically downloaded.”

The plaintiff, an Arizona resident, says she has often opened Burlington Coat Factory’s marketing emails in the past few years. By doing so, the woman has had her personal data illegally captured via the company’s hidden tracking tools without her authorization, the suit charges.

The case alleges that the retailer’s “invasive surveillance” of consumers’ email records has violated the protected privacy rights of Arizona residents.

The lawsuit looks to represent anyone in Arizona who has opened a marketing email containing a tracking pixel from Burlington Coat Factory.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.