Patagonia Hit with Class Action Lawsuit Over Alleged Trackers in Marketing Emails

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A proposed class action alleges Patagonia has unlawfully embedded secret “spy pixel trackers” within emails sent to those who subscribe to the outdoor apparel retailer’s marketing list.

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The 16-page Patagonia lawsuit claims the alleged trackers hidden in the retailer’s marketing emails capture and log sensitive information such as the time and place a subscriber opened the message, how long the person read the email, their IP address and device details, and whether and to whom the message was forwarded.

Patagonia has not received consent from subscribers to utilize email trackers to collect private information, the case alleges. The filing accuses the apparel company of violating Arizona’s Telephone, Utility and Communication Service Records Act, which prohibits procuring, or attempting to procure, the “communication service records” of email recipients without their consent.

“Defendant’s invasive surveillance of Plaintiff’s sensitive reading habits and clandestine collection of her confidential email records invaded her privacy and intruded upon her seclusion,” the complaint reads.

To activate a spy pixel, a subscriber need only open an email, the case explains. A spy pixel is usually a one-pixel-high-by-one-pixel-long image, so small that it is nearly impossible to see with the naked eye, the complaint relays.

The Patagonia privacy lawsuit looks to cover all persons in Arizona who have opened a marketing email containing a tracking pixel from the company.

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