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NORTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

E-commerce Giant Accused of Secretly Tracking Customers' Email Habits

State Court
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In a shocking revelation, a leading e-commerce retailer has been accused of secretly tracking the email reading habits of its customers. The complaint was filed by Karen Spector in the Superior Court of California, County of San Francisco, on August 21, 2024, against Williams-Sonoma, Inc.

Karen Spector alleges that Williams-Sonoma embedded hidden spy pixels within marketing emails sent to her and other customers in Arizona. These pixels collected sensitive information such as the time and place emails were opened, how long they were read, the recipient's location, IP address, device information, and whether the email was forwarded. According to Spector, Williams-Sonoma did not obtain consent from recipients before collecting this data. This practice is said to violate Arizona’s Telephone, Utility and Communication Service Records Act (A.R.S. § 44-1376 et seq.), which prohibits procuring communication service records without authorization.

Williams-Sonoma is one of the largest e-commerce retailers in the United States specializing in cookware, appliances, and home furnishings. To boost sales and build customer profiles for targeted marketing, it allegedly used these spy pixels to track recipients' email behaviors surreptitiously. "Defendant exploits this data to build customer profiles so it can sell and market more products to them," states the complaint.

Spector claims that each time she opened an email from Williams-Sonoma within the past two years—including one within the last six months—the company collected her private email records without her knowledge or consent. She argues that this clandestine collection invaded her privacy and intruded upon her seclusion. "Defendant never received subscribers’ consent to collect this private information," asserts Spector.

The plaintiff seeks class-action status for all affected individuals in Arizona who received such emails from Williams-Sonoma. She demands actual damages or statutory damages of $1,000 per violation—whichever is greater—along with profits made by Williams-Sonoma through these violations. Additionally, she seeks injunctive relief requiring Williams-Sonoma to comply with Arizona law and cover reasonable attorneys' fees and litigation costs.

Representing Karen Spector is L. Timothy Fisher from Bursor & Fisher P.A., while the case will be heard under Case ID CGC-24-617422 by judges at the Superior Court of California in San Francisco.

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