In a striking legal confrontation, a California resident has filed a lawsuit against an online retailer for allegedly violating privacy laws through the use of sophisticated tracking software. The complaint was lodged by Kymbreli Ochoa in the Superior Court of California, County of Ventura, on January 30, 2025, targeting Entertainment Earth, LLC. The plaintiff accuses the company of breaching the California Trap and Trace Law by using TikTok's tracking technology to gather personal data without consent.
Kymbreli Ochoa's lawsuit alleges that Entertainment Earth, an online retailer specializing in licensed collectibles such as action figures and toys, installed TikTok's software on its website to de-anonymize visitors. On July 29, 2024, Ochoa visited the site and claims her identity was unlawfully traced through electronic impulses from her device. According to the complaint, this act violates California Penal Code § 638.51 which prohibits unauthorized use of trap and trace devices—technologies that capture information likely to identify communication sources.
The plaintiff argues that Entertainment Earth's collaboration with TikTok allows the latter to collect extensive user data including device details and geographic information through a process known as "fingerprinting." This involves matching anonymous visitor data with existing profiles in TikTok’s database. The software purportedly runs on every page of Entertainment Earth's website and uses advanced matching techniques to extract personal information like names and addresses whenever users input such details.
Ochoa asserts that neither she nor other users were informed or consented to this data collection practice. She contends that these actions are not only invasive but also align with broader concerns over privacy breaches involving foreign entities like TikTok. As part of her legal strategy, Ochoa seeks injunctive relief to halt these practices immediately. Additionally, she demands statutory damages under CIPA (California Invasion of Privacy Act), punitive damages for willful misconduct, reasonable attorney fees, and any other equitable relief deemed appropriate by the court.
Representing Ochoa is Wendy Miele from Tauler Smith LLP—a law firm known for tackling complex privacy cases. The case is being presided over in Ventura County under Case No. #O25CIUIBTOSFES1.