Pixel Tracking Suit Tossed After Plaintiffs' Fail to Prove Disclosure of Health Info
A Texas federal judge on Thursday threw out a lawsuit against Eyemart Express that alleges the eyewear company tracks users’ activity on its website without consent or disclosing tracking practices. The plaintiffs didn't prove their private health information (PHI) was actually disclosed to a social media platform, Judge David Godbey said in dismissing the case.
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Since the "breach of contract claims and intrusion upon seclusion claims are premised upon the disclosure of plaintiffs’ PHI ... there is insufficient factual basis" for the suit to stand, Godbey added.
The class-action in case 24-00621 in the U.S. District Court for Northern Texas claimed Eyemart used the Meta Pixel to share data about users’ searches and activity as well as personal health information with marketers without user knowledge or consent (see 2403140020). But Godbey found that none of the five plaintiffs involved in the case pleaded facts that established their personal health information was shared with the eyewear company, let alone transmitted to Facebook via a tracking pixel.