FOLLOW US

  • facebook
  • twitter
Wed

March 11, 2026

America February 19, 2026

Smith & Wesson Wins Partial Dismissal of Cookie-Tracking Class Action, but Key Privacy and Fraud Claims Survive

America ı By Ahmed Boughalleb

196 0 Comments

Smith & Wesson Wins Partial Dismissal of Cookie-Tracking Class Action, but Key Privacy and Fraud Claims Survive

Smith & Wesson has secured a partial victory in a proposed class action accusing the firearm manufacturer of unlawfully tracking website visitors who rejected cookies, after a California federal judge dismissed several statutory claims while allowing core privacy and fraud allegations to move forward.

In an order issued Tuesday, U.S. District Judge P. Casey Pitts granted in part and denied in part the company’s motion to dismiss. The lawsuit alleges that Smith & Wesson’s website placed tracking cookies on users’ devices and enabled third parties — including Google LLC, X Corp., Listrak Inc. and Digioh LLC — to monitor visitors’ browsing activity even after they clicked “Reject All” on the site’s cookie consent banner.

The plaintiffs — Tony D’Antonio, Thomas Thayer and Reina Cuevas Garcia — argued that this conduct violated the wiretap and pen register provisions of the California Invasion of Privacy Act. Judge Pitts dismissed those claims with leave to amend, finding that the plaintiffs had not specifically alleged that their own communications were intercepted.

Although the court acknowledged that tracking technologies could potentially intercept “communications” under the statute, the judge emphasized that the complaint did not detail any specific communications by the named plaintiffs that were captured. Merely alleging that they visited the website and declined cookies was not enough.

The pen register claim met a similar fate. While Judge Pitts noted that the law is not limited to telephones and could apply to digital tracking tools, he concluded that the plaintiffs failed to allege they engaged in communications that generated trackable routing or signaling information.

However, the court allowed the plaintiffs’ invasion of privacy and intrusion upon seclusion claims to proceed. Smith & Wesson had argued it could not intrude upon its own website interactions, but the judge found that companies may still be liable if they knowingly facilitate third-party intrusions.

According to the complaint, Smith & Wesson allegedly chose and integrated third-party tracking tools under agreements that allowed real-time data collection. Judge Pitts said those allegations were sufficient at this stage to suggest the company may have facilitated privacy intrusions.

The court also rejected the company’s argument that any data collection was routine and not “highly offensive.” The plaintiffs claim Smith & Wesson explicitly promised not to collect or enable tracking if users rejected cookies, yet did so anyway. That alleged deception, the judge wrote, could satisfy the requirement that an intrusion be highly offensive.

Claims for unjust enrichment and certain fraud allegations also survived. The court found that D’Antonio and Thayer adequately detailed when and how they were allegedly misled — including visits to the site in November 2024 and February 2025, when they were presented with a cookie banner offering the option to decline tracking.

If the company tracked their data despite that representation, Judge Pitts found, the plaintiffs may have a viable misrepresentation claim. However, Garcia’s fraud claim was dismissed because her allegation that she visited the site “in or around 2024” was too vague to meet pleading standards.

Other claims — including trespass to chattels and breach of implied contract — were dismissed with leave to amend. The court determined that the plaintiffs had not plausibly alleged device damage or the formation of a binding contract based solely on cookie preferences. Access to the website, the judge noted, was not conditioned on accepting additional tracking.

The case, D’Antonio et al. v. Smith & Wesson Inc., remains pending in the U.S. District Court for the Northern District of California. While the ruling narrows the scope of the lawsuit, it preserves key privacy and fraud claims, ensuring that litigation over the company’s alleged tracking practices will continue.

Previous Article

Ovintiv $3 Billion Anadarko Sale Reshapes Energy Map

Read More
Ahmed Boughalleb
270 Posts

Ahmed Boughalleb

Ahmed is a sales development and international trade expert with decades of experience in business, acquisitions and mergers. He writes about financial and business news with a focus on the U.S. market.

Don’t Miss It
America March 11, 2026
Winklevoss Twins’ Bitcoin Transfer Sparks Market Speculation
By – Rihem Akkouche
America March 11, 2026
Alabama Man Fatal Shooting Death Sentence Commuted by Governor
By – Rihem Akkouche
America March 11, 2026
ExxonMobil to Move to Texas in Historic Corporate Shift
By – Rihem Akkouche
Insurance News March 11, 2026
LIRG Agrees Delegated Underwriting Authority with Mandarin Re
By – Rochdi Rais
America March 11, 2026
War Abroad, Risk At Home: Why Americans Are Quietly Reviewing Insurance Policies As Global Conflicts Expand

[USA HERALD] – As the United States confronts rising geopolitical tensions and the possibility of military engagement on multiple fronts…

By – Samuel Lopez
International March 9, 2026
Paramount President PR $150M Lawsuit Sparks Explosive Allegations

A lawsuit demanding $150 million has erupted against the president of a major Hollywood studio division, pulling back the curtain…

By – Rachel Moore
International March 9, 2026
SpaceX’s Starship V3 Test Delayed as NASA Pushes Faster Lunar Lander Development

The countdown clock has shifted again for SpaceX’s Starship V3 test, as the company delays the first launch of its…

By – Rachel Moore
International March 9, 2026
AR-15 Rihanna Home Attack: Armed Suspect Fires Shots at Singer’s Beverly Hills Residence

Authorities are investigating a frightening incident now widely described as the AR-15 Rihanna home attack, after a Florida woman allegedly…

By – Rachel Moore
International March 9, 2026
Live Nation DOJ Antitrust Fight Settlement Ends High-Stakes Court Battle

The music industry’s biggest antitrust showdown has come to a sudden halt as a Live Nation DOJ antitrust fight settlement…

By – Rachel Moore
America March 9, 2026
Pentagon-Anthropic AI Dispute Explodes Into Federal Lawsuits Over AI Safety Policies

A fierce clash at the crossroads of technology, national security, and free speech has erupted in Washington, as the Pentagon-Anthropic…

By – Rachel Moore
America March 9, 2026
Pentagon-Anthropic AI Dispute Explodes Into Federal Lawsuits Over AI Safety Policies

A fierce clash at the crossroads of technology, national security, and free speech has erupted in Washington, as the Pentagon-Anthropic…

By – Rachel Moore
America March 9, 2026
G7 Oil Reserve Release Considered as Iran War Disrupts Global Energy Supply

A sudden shock to the world’s oil arteries has pushed major economies toward an emergency response, with a potential G7…

By – Rihem Akkouche
America March 9, 2026
OpenAI Acquires Promptfoo to Strengthen AI Security and Testing Tools

In a strategic move that underscores the intensifying race to secure advanced artificial intelligence systems, OpenAI acquires Promptfoo, a cybersecurity…

By – Rihem Akkouche
America March 9, 2026
ISIS New York Attack Charges Filed After Alleged Bomb Plot at NYC Protest

Federal prosecutors have unveiled ISIS New York attack charges against two young men accused of hurling improvised explosive devices during…

By – Rihem Akkouche
America March 9, 2026
Umbrella Armory filed for Chapter 7 as Gun Industry Slowdown Claims Another Casualty

The cyclical nature of America’s gun market has once again delivered a hard blow. Umbrella Armory filed for Chapter 7,…

By – Rihem Akkouche
America March 9, 2026
Iran’s Power Shift: Iran’s Supreme Leader Mojtaba Khamenei Emerges at the Center of Authority

A quiet but consequential shift inside Iran’s ruling establishment has propelled Mojtaba Khamenei into the role of supreme leader, marking…

By – Rihem Akkouche
America March 9, 2026
Iran’s Power Shift: Iran’s Supreme Leader Mojtaba Khamenei Emerges at the Center of Authority

A quiet but consequential shift inside Iran’s ruling establishment has propelled Mojtaba Khamenei into the role of supreme leader, marking…

By – Rihem Akkouche
America March 8, 2026
IPIC Theaters Files for Bankruptcy as Luxury Cinema Chain Seeks Lifeline

The phrase IPIC Theaters files for bankruptcy now marks the latest twist in the turbulent story of America’s movie theater…

By – Rachel Moore
America March 8, 2026
US Cuba Economic Deal Emerges as Trump Administration Eyes Major Policy Shift

A potential US Cuba Economic Deal may soon reshape relations between Washington and Havana, according to two sources familiar with…

By – Rachel Moore
America March 8, 2026
Amazon FCC Denial of SpaceX Plan Urged in Satellite Showdown

A fierce new battle is unfolding in the race to dominate space-based internet as Amazon FCC denial of SpaceX plan…

By – Rihem Akkouche
America March 8, 2026
Country Joe McDonald Died at 84, Woodstock Legend and Protest Voice Falls Silent

The music world is mourning as Country Joe McDonald died at the age of 84, closing the chapter on a…

By – Rihem Akkouche
America March 8, 2026
The Northern Lights Return

The Northern Lights have a chance to be visible from several northern U.S. states on Tuesday night, forecasters at the…

By – Jackie Allen
America March 8, 2026
The Northern Lights Return

The Northern Lights have a chance to be visible from several northern U.S. states on Tuesday night, forecasters at the…

By – Jackie Allen
America March 8, 2026
February Unemployment Up as Job Losses Surprise Economists

February Unemployment Up as the latest labor market data revealed weaker-than-expected job growth and a slight increase in the national…

By – Jackie Allen
America March 8, 2026
Late-Night Attack by Venezuelan National at Florida Beach

A Late-night attack by a Venezuelan National has left a Florida community shaken after authorities say a 26-year-old man ambushed…

By – Jackie Allen
America March 8, 2026
Trump’s War in Iran: Congress Confronts Escalation After U.S. Strikes

Trump’s War in Iran  was triggered open conflict, casualties, and renewed constitutional debate in Washington. The crisis intensified following reports…

By – Jackie Allen
America February 28, 2026
U.S. And Israel Launch Major Strikes On Iran — What It Means For America

TEHRAN, Iran – In a dramatic escalation of global tensions, the United States and Israel launched coordinated military strikes against Iran…

By – Samuel Lopez
America February 26, 2026
U.S. Court of Appeals for the Ninth Circuit Overturns $8M Asbestos Verdict Against BNSF Railway Co.

The U.S. Court of Appeals for the Ninth Circuit has thrown out an $8 million jury verdict against BNSF Railway…

By – Tyler Brooks
America March 8, 2026
Malaysia Airlines MH370 Disappearance Remains Unsolved After New Ocean Search

More than a decade after one of aviation’s greatest mysteries began, the Malaysia Airlines MH370 disappearance remains unsolved as a…

By – Rihem Akkouche
America March 8, 2026
Blast at US Embassy in Oslo Triggers Terrorism Investigation

An early morning blast at US embassy in Oslo has sparked a sweeping investigation by Norwegian authorities, who say terrorism…

By – Rihem Akkouche
America March 8, 2026
Iran’s Supreme Leader Selection Nears as War Intensifies Across the Region

The shadow of war hangs over Tehran as Iran’s Supreme Leader selection moves closer to public announcement following the death…

By – Rihem Akkouche
America March 7, 2026
Kanye West’s Malibu Mansion Trial Takes Dramatic Turn in Court

The courtroom drama surrounding Kanye West’s Malibu mansion trial took an unusual turn Friday as the artist now legally known…

By – Rihem Akkouche
America March 7, 2026
Kuwait Cuts Oil Production as Gulf Tanker Threats Disrupt Global Energy Flow

In a move that underscores the growing shockwaves across global energy markets, Kuwait cuts oil production after tanker traffic through…

By – Rihem Akkouche
America March 7, 2026
OpenAI’s Caitlin Kalinowski Resigns Over Controversial Pentagon AI Agreement

The debate over artificial intelligence and national security intensified this week as OpenAI’s Caitlin Kalinowski resigns, stepping away from her…

By – Rihem Akkouche
America February 21, 2026
When The Files Are Finally Unsealed The Most Mind-Bending Truth May Not Be What We Expect

[USA HERALD] – There is a widespread assumption that if governments release their most highly classified files related to unidentified…

By – Samuel Lopez
America February 17, 2026
Civil Rights Icon Rev. Jesse Jackson Dies at 84 As President Trump Issues Personal Tribute

[USA HERALD] — The Rev. Jesse Jackson, a towering figure of the American civil rights movement whose career spanned more than…

By – Samuel Lopez
America February 13, 2026
Clues to Savannah Guthrie Missing Mom’s Disappearance Found on Security System

The disappearance of the mother of Savannah Guthrie has taken a dramatic turn as investigators focus on digital clues tied…

By – Jackie Allen
America February 8, 2026
Mike Tyson Urges Americans to ‘Eat Real Food’ in Emotional Super Bowl Ad Highlighting Health Risks

Boxing legend Mike Tyson is using his platform ahead of Super Bowl 60 to address a personal and national health…

By – Tyler Brooks
America February 7, 2026
Deadly “Death Cap” Mushrooms in California Cause Multiple Deaths and Liver Transplants Amid Rare Super Bloom

California health officials are warning the public after four deaths and three liver transplants linked to the highly toxic death…

By – Ahmed Boughalleb
America February 7, 2026
From Migraines to Miracles: How Becca Valle Survived a Glioblastoma Diagnosis Against the Odds

Becca Valle, 41, thought her headaches were just migraines—until a sudden, unbearable pain revealed something far more serious. In September…

By – Tyler Brooks
America March 1, 2026
Cadillac Names Inaugural Formula 1 Car MAC-26 in Tribute to Mario Andretti Ahead of 2026 Australian Grand Prix Debut

Cadillac has officially revealed the name of its first Formula 1 challenger, confirming that its 2026 car will be called…

By – Ahmed Boughalleb
America February 20, 2026
Norway Tops Medal Table After Day 13 at 2026 Winter Olympics as Team USA Surges Into Second Place

With 13 days complete at the 2026 Milan Cortina Winter Olympics, Norway sits atop the overall medal standings, collecting 34…

By – Ahmed Boughalleb
America February 18, 2026
Olympic Science Explained: How Figure Skaters Spin at Blinding Speeds Without Getting Dizzy

When Amber Glenn finishes her routine, the arena usually rises with her. The music builds, her blades carve a tight…

By – Tyler Brooks
America February 16, 2026
Olympic Villages Run Out of Condoms at 2026 Milan-Cortina Games

Condom supplies in the Olympic Villages at the 2026 Winter Games have been temporarily depleted, the Milan-Cortina organizing committee confirmed,…

By – Tyler Brooks
America February 12, 2026
Arizona Authorities Escalate Search for Savannah Guthrie’s Mom to a Criminal Investigation

In Arizona, police are intensifying their investigation into the disappearance of Nancy Guthrie, Savannah Guthrie’s Mom. The 84-year-old mother of…

By – Jackie Allen
America February 10, 2026
What is Aegosexuality?

As conversations around sexuality continue to expand, so does the language we use to describe it. Sexuality terms are gaining…

By – Jackie Allen

No posts found.

No posts found.

No comments No comments yet. Be the first to comment!

Signup for the USA Herald
exclusive Newsletter