A recent court filing has unveiled allegations against a prominent sports equipment manufacturer, accusing it of violating consumer privacy laws. On June 21, 2024, plaintiff Zac Amodei filed a class action complaint in the Superior Court of California, County of Sacramento, against Cobra Golf Incorporated.
The case centers around modern marketing tactics used by e-commerce companies that allegedly infringe on consumer privacy rights. According to the complaint, Cobra Golf required and recorded personal identification information (PII) from consumers during credit card transactions on its online platforms. This PII included names, home addresses, telephone numbers, email addresses, ZIP codes, and IP addresses. The plaintiff asserts that this information was then shared with third-party marketing companies for targeted advertising purposes without proper disclosure or consent from consumers. These practices are claimed to violate the Song-Beverly Credit Card Act (SBCCA), a California statute designed to protect consumer privacy.
The SBCCA prohibits businesses from requesting or recording PII during credit card transactions unless necessary for completing the transaction or delivering merchandise. The complaint alleges that Cobra Golf's collection of extensive PII was not essential for these purposes and was instead used for sophisticated marketing efforts through social media platforms like Facebook and Instagram. Plaintiff Zac Amodei claims he received unsolicited promotional emails and targeted advertisements after purchasing items from Cobra Golf's website on May 14, 2024.
Amodei further contends that Cobra Golf's actions constitute an invasion of privacy and unlawful intrusion upon seclusion. He argues that consumers had reasonable expectations that their PII would remain private and were unaware that it would be used for marketing purposes or shared with third parties. The complaint seeks statutory damages under Civil Code § 1747.08(e), compensatory damages, punitive damages, injunctive relief to prevent further violations, restitution of any ill-gotten profits by Cobra Golf, attorneys' fees, and other related costs.
Representing the plaintiff are attorneys M. Anderson Berry from Clayeo C. Arnold Professional Corporation along with Jason M. Wucetich and Dimitrios V. Korovilas from Wucetich & Korovilas LLP; John J. Nelson from Milberg Coleman Bryson Phillips Grossman PLLC; Gary M. Klinger; Glen L. Abramson; and Alexandra M. Honeycutt also from Milberg Coleman Bryson Phillips Grossman PLLC.
The case is being overseen by the Superior Court of California in Sacramento under Case No. 24 O1TY 4A.