FanDuel has been accused of violating California privacy laws by using “trap and trace” TikTok software on its website.
The complaint, filed on 30 July in the US District Court for the Central District of California, alleges that FanDuel installed software created by TikTok on its website to identify and track visitors.
This software allegedly uses a process called “fingerprinting” to collect data about otherwise anonymous website visitors and match it with existing data TikTok has accumulated about millions of Americans.
The complaint said the FanDuel website instantly sends communications to TikTok when a user lands or clicks on a page.
According to the lawsuit, the TikTok software begins collecting information as soon as a user lands on FanDuel’s website, even before they can interact with any cookie consent banners.
The lawsuit said: “[Users] are never informed that the website is collaborating with the Chinese government to obtain their phone number and other identifying information.”
The complaint claims this violates California’s Trap and Trace Law, which prohibits the use of devices or processes that capture electronic data to identify the source of communications without court order or user consent.
The lead plaintiff, Courtney Mitchener, is seeking to represent a class of all California residents who visited FanDuel’s website within the statute of limitations period.
She is represented by LA commercial litigator Tauler Smith, which specialises in complex business disputes.
The lawsuit requests statutory damages under California law, as well as an injunction to stop FanDuel’s alleged practices.
FanDuel has not yet filed a response to the complaint in the docket. NEXT.io has reached out to Flutter Entertainment for comment.
