Saks.com Unlawfully Embeds Spyware in Marketing Emails, Class Action Alleges

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A proposed class action claims Saks.com, the e-commerce division of designer clothing retailer Saks Fifth Avenue, secretly embeds tracking technology into marketing emails.

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The 15-page lawsuit alleges that Saks.com has “knowingly” incorporated into promotional emails tracking tools called “spy pixels,” which record data about each email delivery for the benefit of the company’s targeted marketing efforts. The suit charges that Saks.com has collected this information without consent from subscribers to its email list, in violation of state law.

According to the case, the company utilizes a third-party email tracking system called “richrelevance,” along with its own spy pixel, to record subscriber information, including email addresses, email subjects and when and where each email is opened. The spyware also captures email path data and subscribers’ IP addresses and device details, the complaint relays.

The plaintiff, a Phoenix resident and subscriber to Saks.com’s email list, says she has often received and opened marketing emails from the company, and claims that by doing so, her private email records and personal information were collected by the defendant without her knowledge or authorization, in violation of Arizona’s Telephone, Utility and Communication Service Records Act.

Per the case, the Arizona law prohibits a company from procuring or attempting to procure the communication service records of email recipients without their authorization.

The complaint contends that by “spying on” when subscribers open and read their emails, Saks.com has invaded consumers’ privacy rights and intruded upon their seclusion.

The lawsuit looks to represent any Arizona residents who have opened a marketing email containing a tracking pixel from Saks.com.

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