California court dismisses email and tracking-pixel claims

According to the account published by Legal 500, on October 8, 2026, Judge Sherilyn Peace Garnett of the US District Court for the Central District of California granted Warby Parker’s motion to dismiss a putative class action. Plaintiff Bianca Garcia alleged that a commercial email used a deceptive domain, headers and subject line. The court reportedly held that her claim under section 17529.5 of the California Business and Professions Code was preempted by the federal CAN-SPAM Act because the allegations did not identify material falsity or deception sufficient to fall within the exception to federal preemption.

The same account reports that Garcia also challenged tracking pixels on Warby Parker’s website, alleging that they intercepted communications and enabled third parties to collect and sell personal information. The court reportedly dismissed both the claim under California’s trap-and-trace provision and the intrusion-upon-seclusion claim for lack of Article III standing. Garcia had not identified the communications intercepted or the sensitive information collected and therefore had not alleged a concrete injury. According to the article, Garcia was given 21 days to amend her complaint, while Warby Parker’s request to strike the class allegations was denied.