Kohler Accused of Tracking Shoppers Even After They Clicked “Reject All”

Case Overview: A California lawsuit accuses Kohler of tracking shoppers and sharing their data despite users selecting “Reject All” on cookie banners.

Consumers Affected: Visitors to Kohler, Robern, or Kallista websites who opted out of cookies but were still tracked.

Court: U.S. District Court for the Northern District of California

A California man is accusing Home-fixtures giant Kohler of quietly tracking shoppers across its websites even when visitors clicked the “Reject All” button on its cookie consent pop-ups. 

A new lawsuit accuses Kohler of violating California privacy laws and misleading consumers with false promises that the company honored opt-out choices while continuing to funnel data to major tech platforms. 

According to the lawsuit, Kohler embedded third-party tools from companies like Meta, TikTok, and Microsoft into its branded shopping sites, Kohler, Robern, and Kallista, that placed tracking cookies on users’ devices regardless of their stated preferences. 

Those tools allegedly captured browsing histories, form entries, demographic details, and location data, which the lawsuit says were then shared with outside analytics, advertising networks, and data brokers.

Plaintiff Says Kohler Ignored Its Own Cookie Settings

San Francisco resident Martin Beltran filed the proposed class action lawsuit, saying he visited Kohler’s website to research products over the past four years and immediately encountered the company’s cookie banner. Beltran says he intentionally selected “Reject All,” believing it would block cookies tied to ads, analytics, session recordings, and other tracking technologies.

However, Beltran argues in the lawsuit that wasn’t the case. According to the filing, Kohler had already triggered multiple third-party cookies before the banner even appeared, and continued transmitting user data after Beltran opted out. 

Beltran says, like other consumers, he had no real way to verify what was happening behind the scenes without developer-level tools and relied on the company’s assurances that declining cookies meant what it said.

Beltran said he wouldn’t have used Kohler’s site had he known his selections would be ignored. He also claims he would like to browse the company’s sites in the future but cannot trust their representations until an injunction forces changes.

Tracking Tools Allegedly Sent Private Data to Third Parties

Kohler included third-party code capable of identifying visitors’ devices, according to the lawsuit, loading tracking cookies, and sending detailed “private communications” back to outside companies including Facebook and TikTok. 

The data allegedly collected spans everything from page-by-page navigation to search terms, form entries, items viewed, and IP-based geolocation showing when a shopper is in California.

The lawsuit argues Kohler knowingly allowed these cookies to activate across its websites, even though it designed and controlled the code and could detect when a visitor was a California resident. By assuring users they could reject “all” cookies but continuing to permit tracking, the complaint says the company breached consumer trust and state privacy laws.

Other Big Brands Also Face Hidden-Tracking Lawsuits

The lawsuit against Kohler lands as consumers increasingly challenge major companies over hidden data collection. Google was recently sued for allegedly activating its Gemini AI across Gmail, Chat, and Meet without consent. 

Meanwhile, TV giants Paramount and Roku face claims over illegally tracking children’s viewing data. PNC Bank, too, is accused of creating detailed “session replays” of website visitors’ clicks and keystrokes without their consent.

Against Kohler, Beltran wants to represent all California users who clicked “Reject All” on the company’s cookie banner but had their data tracked anyway. He’s suing for invasion of privacy, intrusion upon seclusion, wiretapping violations under the California Invasion of Privacy Act, unlawful use of a pen register, fraud, misrepresentation, and unjustly enriching itself at consumers expense. 

The lawsuit seeks damages, fees, and a court order blocking Kohler from continuing what he calls deceptive and unlawful tracking practices.

Case Details

• Lawsuit: Beltran v. Kohler Co.
• Case Number: 4:25-cv-09633-HSG
• Court: U.S. District Court for the Northern District of California

Plaintiffs' Attorneys

• Seth A. Safier, Marie A. McCrary, and Todd Kennedy (Gutride Safier LLP)

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