Nvidia Accused of Tracking Users After They Clicked “Decline All”

Case Overview: A lawsuit accuses Nvidia of secretly tracking website visitors and sending their browsing data to third parties even after they clicked “Decline All” on cookie banners.

Consumers Affected: Visitors to Nvidia’s websites who opted out of cookies but whose activity was still tracked and shared.

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

Tech giant Nvidia is being accused of misleading website visitors about how their data is collected and shared. In a new lawsuit, it is alleged that Nvidia promised website users, particularly those in California, that they could decline tracking cookies, but then continued to monitor their activity and transmit personal data to third-party advertisers and analytics firms anyway.

According to the lawsuit, Nvidia’s website displays a cookie consent banner offering visitors the option to “Decline All” cookies or toggle off performance and advertising tracking. 

But the lawsuit claims those assurances were hollow. Even after users opted out, Nvidia allegedly allowed dozens of third parties to place cookies on visitors’ devices, tracking their browsing behavior and private interactions in real time.

Website Visitors Say “Decline All” Did Nothing

Stacy Penning, a California resident from El Cerrito, filed the lawsuit and said he visited Nvidia’s website multiple times over the past four years to read company news and browse products related to graphics cards and artificial intelligence.

Each visit triggered Nvidia’s cookie consent banner, which indicated that users could manage or decline cookies beyond those required for basic site functionality. Penning says he clicked “Decline All,” believing that the choice would prevent advertising and analytics tracking. Relying on those representations, he continued browsing the site.

The lawsuit claims that belief was misplaced. According to the complaint, tracking cookies were already being deployed before the banner even appeared, and continued afterward, allowing third parties to monitor browsing activity, search queries, clicks, device information, and location data, including whether a visitor was in California.

Tracking Code Allegedly Sent Data To Major Ad Platforms

Nvidia’s alleged use of embedded third-party tools is driven by other major tech and advertising companies, the lawsuit alleges. It says Nvidia integrated external scripts and software from firms such as Meta, Google, TikTok, Microsoft, LinkedIn, and others, enabling those companies to place their own cookies on users’ devices.

These third-party cookies allegedly allowed companies to compile detailed consumer profiles, track users across websites and over time, and monetize that data through targeted advertising and analytics. The lawsuit argues this is exactly the type of tracking users sought to avoid when they declined cookies, and that Nvidia falsely told users their preferences would be honored.

The complaint further alleges that most consumers lack the technical expertise to detect this kind of tracking, leaving them unable to verify whether their privacy choices were respected.

Case Joins Growing Wave of Tech Privacy Lawsuits

The case against Nvidia comes amid a growing number of lawsuits accusing companies of secretly monitoring website visitors. PNC Bank has been sued for allegedly recording users’ clicks and keystrokes through embedded tracking software. 

SeatGeek is also facing claims it shared visitor data with social media platforms without consent. Meanwhile, the National Shooting Sports Foundation is accused of collecting gun buyers’ personal data and using it for political outreach without disclosure. 

Together, the cases highlight mounting legal scrutiny over online tracking practices and whether companies are being honest about consumer consent.

Penning is seeking to represent anyone who browsed Nvidia’s website after selecting “Decline All” cookies or disabling performance and advertising tracking. The lawsuit accuses Nvidia of invasion of privacy, unlawful wiretapping under California law, fraud, misrepresentation, and benefiting financially at the expense of consumers. 

The lawuit seeks damages, an order forcing Nvidia to give up profits allegedly gained through unlawful data collection, and a court injunction barring the company from continuing the practices described. It also asks for attorneys’ fees, costs, and interest.

Case Details

• Lawsuit: Penning v. Nvidia Corporation
• Case Number: 5:25-cv-09160-SVK 
• Court: U.S. District Court for the Northern District of California 

Plaintiffs' Attorney:

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

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