Posh Peanut shares customer data with advertisers, a new class action lawsuit alleges

Jenny Costello, a Carlsbad, California resident, filed a class action lawsuit against Posh Peanut Inc. on Aug. 26, 2026, in the U.S. District Court for the Southern District of California.

The complaint alleges the Glendale, California, children's clothing retailer told shoppers its website cookies would not store personal information then sent their identities and purchase details to five advertising companies: Meta, Google, TikTok, Klaviyo and AppLovin.

The allegations

Posh Peanut's website greets visitors with a cookie banner that lets them block certain categories of tracking and assures them the site's cookies store no personally identifiable information, the proposed class action claims. However, it alleges those assurances are false.

The complaint contends Posh Peanut embedded tracking code from all five companies on the site, including the Meta pixel, Google Analytics and DoubleClick, the TikTok pixel, Klaviyo's Active on Site code and AppLovin's Axon pixel. It claims the code captured customer data from the moment a visitor loaded a page.

Costello says she shopped the site in November 2025 on the same device that held her active Google, Facebook and TikTok accounts.

What the trackers reportedly captured

The filing contains screenshots showing the data each company reportedly received alongside a $40 order for a children's pajama set.

The data reportedly included:

  • Names and email addresses
  • Phone numbers
  • Product names, categories, prices and sizes
  • Page URLs and timestamps
  • Facebook and advertising cookie identifiers

Even companies that received hashed data, which codes information like email addresses, can identify users, the lawsuit alleges. The complaint quotes July 2024 guidance from the Federal Trade Commission stating hashes aren't anonymous. It contends each of the five companies uses hashed values to match incoming data to profiles it already stores.

The legal claims

Costello brings five claims, one federal and four under California law:

  • Electronic Communications Privacy Act, the federal wiretap law barring interception of electronic communications
  • California Invasion of Privacy Act Section 631, a state wiretapping law that also covers helping others eavesdrop
  • California Invasion of Privacy Act Section 632, a state law prohibits recording confidential communications
  • California Comprehensive Computer Data Access and Fraud Act, a state law that bars using data from someone's device without permission
  • Invasion of privacy under the California Constitution

California Penal Code Section 637.2 lets plaintiffs recover the greater of $5,000 per violation or three times their actual damages without proof of a financial loss, according to the proposed class action. The suit also seeks injunctive relief, prejudgment interest and attorneys' fees.

What this means for Posh Peanut customers

The proposed class covers anyone who made a purchase on poshpeanut.com.

There is no settlement, no claims process and no money available as of this writing.