Smith & Wesson Privacy Class Action Alleges User Data Shared Despite Cookie Rejection
Smith & Wesson Allegedly Violated its Website User Privacy Policy //
On April 4, 2025, a class action lawsuit was filed against Smith & Wesson Inc. in United States District Court, Northern District of California (Case No. 5:25-cv-03085), alleging an “egregious privacy violation and total breach of consumer trust in violation of California law.”
According to the complaint, Smith & Wesson violated its own written website Privacy Policy, which assured users that they could opt out of accepting cookies by selecting the “Reject All” option on the cookie consent banner. The Privacy Policy stated that users could decline cookies and tracking technologies, and that an “Opt-out Cookie” would be placed on their devices to honor this choice.
Despite these assurances, however, Smith & Wesson allegedly caused third-party cookies and software code to be stored on consumers’ devices and transmitted user data (“private communications”) to third parties, even after users clicked the “Reject All” option in the cookie consent banner.
According to the complaint:
Defendant’s [w]ebsite offers consumers a choice to browse without being tracked, followed, and targeted by third party data brokers and advertisers. However, Defendant’s promises are outright lies, designed to lull users into a false sense of security. Even after users elect to ‘Reject All’ cookies, Defendant surreptitiously enables several third parties – including Google LLC (YouTube, DoubleClick and Google Analytics), X Corp. (formerly Twitter), Listrak, Inc. and Lightbox . . . to place and/or transmit cookies that track users’ website browsing activities and eavesdrop on users’ private communications on the [w]ebsite. (Italics and bold added.)
Summary of Smith & Wesson’s Website Privacy Policy
Smith & Wesson’s Website Privacy Policy made the following representations to users, according to the complaint:
Option to Opt Out of Cookies: Users were assured that they could opt out of accepting cookies altogether by either selecting the “I do not accept Cookies” option on the cookie consent banner upon their initial visit to the website or setting their browser to not accept cookies or to notify them when a cookie is sent, giving them the chance to decide whether to accept it.
Placement of an Opt-Out Cookie: The Privacy Policy stated that if users chose to opt out, an “Opt-out Cookie” would be placed on their computer. This cookie would be browser- and device-specific and would last until cookies were cleared from the browser or device.
Respect for User Choices: The Privacy Policy represented to users that their choices to reject cookies would be honored, even if certain Smith & Wesson website functions might not work properly as a result.
According to the complaint:
In truth, [the] Defendant did not abide by its users’ wishes despite its promises that it would honor their request to reject cookies. When users clicked the ‘Reject All’ cookies button, they provided notice to Defendant that they did not consent to the placement or transmission of third-party cookies that would allow those parties to obtain their [p]rivate [c]ommunications with the [w]ebsite. Nevertheless, [the] Defendant caused the [t]hird [p]arty tracking cookies to be placed on [w]ebsite users’ browsers and devices and/or transmitted to the [t]hird [p]arties along with user data—even for those users who elected to reject all cookies. (Italics and bold added.)
The privacy caction against Smith & Wesson, among other things, seeks compensatory and punitive damages, as well as full restitution and disgorgement by Defendant Smith & Wesson of wrongfully obtained revenues and profits.
Smith & Wesson Website Users May Have Legal Claims
Smith & Wesson’s website users who have questions about the class action lawsuit or would like to discuss potential legal claims can send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected].
About Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors.
Our firm litigates securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle and product defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.
Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses.
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