Continuing the trend of early dismissals in website wiretapping cases, a California federal court has dismissed a putative class action challenging the use of third-party pixel technology on nonprofit food bank websites.  Timothee v. Meta Platforms, Inc., No. 25-CV-05106-LB, 2026 WL 1130363 (N.D. Cal. Apr. 27, 2026).  The court held plaintiffs failed to plausibly plead concrete injury to establish Article III standing, consented to the third party’s receipt of their information, and proposed an impermissibly broad nationwide class.

The plaintiffs in Timothee alleged that several nonprofit food banks embedded third-party pixel technology into their websites, which collected and transmitted users’ addresses and “intent to receive nutrition assistance.”  Some plaintiffs further alleged that the pixel technology collected detailed information about “financial hardship,” “disability status, mobility status, and urgency of [their] need for food assistance.”  According to plaintiffs, this information was then used by the third party to target them with advertisements.  The plaintiffs claimed these transmissions violated the California Invasion of Privacy Act (“CIPA”), the Federal Wiretap Act, and various California privacy and common-law doctrines.  The court disagreed, dismissing plaintiffs’ claims, with leave to amend, on three grounds.