Miguel Esparza has filed a class action lawsuit against a major cosmetics company, accusing it of violating the California Invasion of Privacy Act by secretly sharing user data with TikTok. The complaint was filed on February 3, 2025, in the Superior Court of California for the County of Ventura, targeting Jafra Cosmetics International, Inc., which operates under the website www.jafra.com.
According to the lawsuit, Esparza claims that Jafra Cosmetics has embedded spyware known as a "tracking pixel" from TikTok on its website. This software allegedly collects extensive data about visitors without their consent and shares it with TikTok, effectively allowing the Chinese government to spy on users. The plaintiff argues that this practice violates California's Trap and Trace Law (California Penal Code § 638.51), which prohibits such surveillance without a court order. The complaint details how the tracking pixel gathers device information, geographic location, and even personal identifiers like phone numbers and email addresses as soon as a user visits the site.
Esparza asserts that he visited Jafra's website during the statute of limitations period and was subjected to unauthorized data collection and de-anonymization by TikTok. As both an interested consumer and privacy advocate acting as a "tester," Esparza aims to hold companies accountable for privacy violations under California law. He cites a recent Ninth Circuit ruling emphasizing the importance of individual litigation in enforcing consumer protection statutes.
The plaintiff seeks class certification for all California residents whose personal information was shared with TikTok by Jafra without informed consent. The relief sought includes statutory damages under CIPA, reasonable attorney fees, and any other appropriate legal or equitable remedies deemed fit by the court.
Representing Miguel Esparza are attorneys Scott J. Ferrell, David W. Reid, and Victoria C. Knowles from Pacific Trial Attorneys. The case is presided over by Judge Arend J. McFoomaick in Ventura County Superior Court under Case No. #025CUMTOS 78014.