Lands’ End Hit with Class Action Lawsuit Over Alleged Use of Tracking Tech in Marketing Emails

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A proposed class action lawsuit alleges Lands’ End marketing emails contain tracking technology that collects recipients’ personal data without their knowledge or consent.

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The 17-page privacy lawsuit claims the clothing and home decor retailer has knowingly embedded into its emails tracking tools known as spy pixels, which begin to capture information as soon as a consumer opens a message. The class action suit against Lands’ End contends that the retailer has violated an Arizona privacy law by procuring residents’ email records without first obtaining their authorization.

According to the case, when a consumer opens a Lands’ End marketing email, the invisible tracking tool automatically logs data about the recipient’s device, their IP address, when and where they opened the message, how long they spend reading it, whether it was forwarded and other sensitive information. The harvested data is then transmitted to third-party advertisers for targeted marketing purposes, the complaint says.

The filing charges that Lands’ End does not inform consumers about its use of spy pixels, nor does it acquire permission before collecting their personal information through the technology.

“[R]ecipients may be aware that they receive marketing emails, but they are not aware of, nor do they consent to, [the company’s] surreptitious means of tracking their sensitive reading behavior,” the lawsuit against Lands’ End asserts.

The retailer’s “invasive surveillance” of Arizona consumers’ personal email data is a breach of their protected privacy rights, the case alleges.

The lawsuit looks to represent anyone in Arizona who has opened a marketing email containing a tracking pixel from Lands’ End.

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