AA new class action lawsuit claims that Luxottica of America Inc. tracks consumers online even after they opt out of cookies.
Luxottica may not be a household name, but many consumers shop on its websites regularly. The company owns and operates numerous popular eyewear and optical retail brands across the U.S. The websites at issue in the class action lawsuit include:
Plaintiff Brandon Moore and two others filed the class action complaint against Luxottica on Dec. 19 in California federal court, alleging violations of California’s constitution, the California Invasion of Privacy Act and common law fraud, deceit and/or misrepresentation, among other things.
According to the class action lawsuit, the company’s websites display a cookie consent banner that misleads consumers into believing they can reject cookies and tracking technologies.
The plaintiffs claim that even after users opt out of cookies, Luxottica places third-party cookies on their devices, allowing companies like Adobe, Google, Facebook and others to track their browsing activities.
The lawsuit alleges these cookies collect and share users’ personal information, including browsing history, visit history, website interactions, user input data, demographic information, interests and preferences, shopping behaviors, device information, referring URLs, session information, user identifiers and geolocation data.
The plaintiffs argue Luxottica’s practices violate privacy laws and constitute a breach of consumer trust. They allege the company’s cookie consent banner falsely assures users they can reject cookies, while in reality, the websites continue to place tracking cookies even after users opt out.
The plaintiffs say Luxottica’s actions allow third parties to track users’ behavior across the internet and compile comprehensive user profiles for targeted advertising and marketing analytics.
The plaintiffs are looking to represent anyone who browsed any of Luxottica’s websites in California after clicking or selecting the “Reject” button in the popup cookies consent banner or adjusted the toggles in the website’s Privacy Preferences window to opt out of cookies.
The plaintiffs are suing for invasion of privacy, intrusion upon seclusion, wiretapping, use of a pen register, common law fraud, deceit and/or misrepresentation and unjust enrichment. They seek certification of the class action, damages, fees, costs and a jury trial.
Earlier this year, Luxottica faced a class action lawsuit alleging that LensCrafters falsely advertised “40% off” or “50% off” sales on prescription lenses purchased with frames, even though the discounts were allegedly continuous and not true sales.
What do you think of the allegations made in this LensCrafters class action lawsuit? Let us know in the comments.
The plaintiffs are represented by Seth A. Safier, Marie A. McCrary and Todd Kennedy of Gutride Safier LLP.
The Luxottica cookies class action lawsuit is Moore, et al. v. Luxottica of America Inc., Case No. 3:25-cv-10840, in the U.S. District Court for the Northern District of California.
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