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California City Today
By the People, for the People
Ace Hardware Sued Over Allegedly Faulty Cookie Consent Banner
Class action lawsuit claims company continued tracking users even after they opted out of data sharing.
Mar. 13, 2026 at 8:03pm
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Three website users have filed a class action lawsuit against Ace Hardware Corp., alleging the company's cookie consent banner on its website does not actually allow users to opt out of data tracking. The plaintiffs claim Ace Hardware continued to intercept and collect their browsing data through third-party tools, even after they had tried to decline data sharing.
Why it matters
This lawsuit highlights growing concerns over the transparency and effectiveness of cookie consent mechanisms on websites, which are meant to give users control over their personal data. If the allegations are true, it could indicate broader issues with how some companies implement privacy protections online.
The details
According to the complaint, Ace Hardware's website placed tracking technologies that intercepted users' browsing data before they could even interact with the cookie consent banner. The plaintiffs, Scott Pflaumer, Hans Cummings, and Mark Rosenthal, claim this violates federal wiretapping laws and privacy protections, even though the company's cookie settings promised users could opt out of data sharing.
- The class action lawsuit was filed on March 13, 2026 in the US District Court for the Northern District of California.
The players
Ace Hardware Corp.
A major American hardware retail company.
Scott Pflaumer
One of three website users who filed the class action lawsuit against Ace Hardware.
Hans Cummings
One of three website users who filed the class action lawsuit against Ace Hardware.
Mark Rosenthal
One of three website users who filed the class action lawsuit against Ace Hardware.
The takeaway
This case underscores the need for companies to ensure their cookie consent processes are truly effective and respect user privacy preferences, or risk facing legal action from users who feel their data rights have been violated.
