Plaintiff Alleges Online Retailer Violated Privacy Laws Through Unauthorized Tracking

Plaintiff Alleges Online Retailer Violated Privacy Laws Through Unauthorized Tracking
Superior Court of California - County of San Francisco — Official website
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A California resident has filed a lawsuit against an online retail company, accusing it of violating privacy laws by secretly tracking and recording the activities of its website visitors. The complaint was filed by Mason Oneill in the Superior Court of California, County of San Francisco, on September 16, 2025, against Cycology Clothing Inc., which operates under the name www.cycologyclothing.com.

According to the complaint, Mason Oneill alleges that Cycology Clothing Inc. deployed spyware on its website to identify anonymous visitors and monetize their online habits without consent. This alleged action violates several provisions of the California Penal Code related to privacy rights. Specifically, Oneill claims that Cycology Clothing used “pen register” and “trap and trace” software to access his device and install tracking software without notice or consent. The plaintiff further accuses the defendant of employing third-party vendors to embed “Session Replay Code” on its website, allowing for real-time interception and recording of users’ electronic communications such as mouse movements, clicks, keystrokes, URLs visited, and other interactions.

The plaintiff argues that these practices are unfair, deceptive, and unlawful as they improperly utilize personal data for monetary gain. Oneill asserts that this conduct constitutes multiple violations under the California Invasion of Privacy Act (CIPA), specifically sections 630 et seq. and 638.51. The complaint outlines how CIPA is designed to protect individuals from unauthorized surveillance and eavesdropping through new technologies like computers and internet communications.

Oneill’s legal action seeks various forms of relief from the court. He demands statutory damages amounting to $5,000 per violation as stipulated under CIPA’s provisions. Additionally, he requests punitive damages for what he describes as intentional acts by Cycology Clothing Inc., aimed at exploiting consumer data unlawfully. The plaintiff also seeks declaratory relief requiring the defendant to cease its alleged illegal activities immediately. Furthermore, Oneill is pursuing injunctive relief to prevent future violations alongside attorney fees and costs associated with bringing this case forward.

The attorneys representing Mason Oneill in this matter are Evan J. Smith and Ryan P. Cardona from Brodsky Smith law firm based in Beverly Hills, California. The case is identified under Case No.: CGC-25-6291 in the Superior Court of California located in San Francisco County; however specific details regarding judges presiding over this matter have not been disclosed within available documentation thus far.

Source: CGC25629187_Mason_Oneill_v_Cycology_Clothing_Complaint_County_of_San_Francisco_California.pdf



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