Plaintiff accuses grocery chain Smart & Final Stores LLC of violating privacy laws with unauthorized tracking

Santa Clara County Superior Court
Santa Clara County Superior Court
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A class-action lawsuit has been filed against a prominent grocery store chain, alleging serious privacy violations through the use of tracking technologies on its website. The complaint was filed by Jesus Mendez in the Superior Court of California, County of Santa Clara, on October 22, 2025, targeting Smart & Final Stores LLC. Mendez claims that the company unlawfully collected personal data from website visitors without their consent.

The lawsuit details how Smart & Final Stores LLC allegedly employed various trackers and cookies developed by major tech companies like Google, Meta/Facebook, Microsoft, and TikTok to gather identifying information and monitor user behavior on its website. This action is said to violate multiple privacy laws including the California Invasion of Privacy Act (CIPA), the Wiretap Act under 28 U.S.C. § 2510 et seq., and the California Computer Data Access and Fraud Act (CDAFA). According to Mendez’s complaint, these trackers acted as unauthorized wiretaps that intercepted communications between users and the website without prior consent or court orders. “Defendant’s use of Trackers constitutes an unlawful interception,” states the complaint.

Mendez seeks to prevent further privacy infringements by Smart & Final Stores LLC and aims to recover statutory damages for past violations. The lawsuit calls for $5,000 per violation under CIPA and up to $10,000 per violation under the Wiretap Act. Additionally, it demands a jury trial to address these allegations comprehensively. The plaintiff argues that this invasive data collection not only breaches legal statutes but also severely undermines consumer trust by exploiting private browsing habits for targeted advertising gains.

The case underscores broader concerns about digital privacy in today’s interconnected world where companies often leverage sophisticated technologies for commercial advantage at the expense of individual rights. Mendez’s legal team contends that such practices are egregious breaches of social norms deserving judicial scrutiny and remedy. They argue that Smart & Final’s actions deprived users of control over their personal information—a fundamental right enshrined in both state and federal laws.

Representing Jesus Mendez are attorneys Mark D. Potter, James M. Treglio, and Claire Cylkowski from The Right Trial Lawyers firm based in Friendswood, Texas. The case is being reviewed by Judge J. Nguyen under Case ID 25CV478205 at the Superior Court of California in Santa Clara County.

Source: 25CV478205_Jesus_Mendez_v_Smart_&_Final_Stores_Complaint_County_of_Santa_Clara_California..pdf



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