Patagonia Email Tracking Lawsuit: Outdoor Retailer Accused of Spying on Consumers

Popular outdoor apparel company Patagonia is facing a class action lawsuit alleging they unlawfully embedded hidden trackers within their emails. These trackers, known as pixels, are accused of capturing sensitive information about email subscribers without their knowledge or consent.

Patagonia Accused of Spying on Consumers Through Email Tracking

Plaintiff Heather Knight filed the class action lawsuit in Arizona federal court, claiming Patagonia violated Arizona's Telephone, Utility and Communication Service Records Act. She alleges the company used hidden tracking pixels in emails to collect user data, including:

• Location
• IP address
• Device information
• Time spent reading emails
• When and where emails were opened

According to the complaint, "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," highlighting the privacy concerns surrounding this data collection.

How Did Patagonia Allegedly Track Email Activity?

Knight’s lawsuit contends that each time a recipient opened an email from Patagonia, "Defendant procured her sensitive email information," essentially gathering user data without their explicit permission. This raises questions about whether Patagonia adequately informed subscribers about these tracking practices and obtained their consent.

Patagonia Email Tracking Lawsuit Joins Growing Trend

This lawsuit is part of a growing trend challenging companies' use of hidden data trackers. Recent class actions have been filed against:

• TJX Companies Inc. (owners of Marshalls, TJ Maxx, and HomeGoods)
• TechRadar
• Eyemart Express
• Temu

In the Patagonia lawsuit, Knight is seeking to represent a class of Arizona consumers who opened Patagonia marketing emails containing tracking pixels. She is demanding a jury trial, a court order forcing Patagonia to stop using hidden trackers and informing consumers of the illegality of the practice (declaratory and injunctive relief), as well as compensation for the harm caused by the alleged privacy breach (actual damages).

Case Details

• Lawsuit: Knight, et al. v. Patagonia, Inc.
• Case Number: 4:24-cv-00255
• Court: U.S. District Court for the District of Arizona

Plaintiffs' Attorneys

• Gerald Barrett (Ward, Keenan & Barrett, P.C.)
• Yitzchak Kopel (Bursor & Fisher, P.A.)