We have all had the experience of visiting a company’s website and then seeing its ads everywhere we go online. Well, a proposed class action lawsuit filed against Nike Inc. (“Nike”) in the Southern District of Florida alleges that Nike has been installing tracking software in violation of its website visitors’ opt-out requests and without their consent. See Magenheim v. Nike, Inc., Case No. 9:25-cv-81573-DMM. The named Plaintiffs in the proposed class action alleged that Nike violated Florida privacy and property laws by using third-party tracking technology to collect data on website visitors the moment they clicked on Nike’s website. The suit alleged that this occurs even when a website visitor has enabled privacy software or opted out of data sharing on Nike’s website. The class action complaint alleges that the consumer data is then harvested and shared with third-party advertisers that use it to track internet history, build digital profiles, and create more targeted advertisements. Damages in the class are expected to exceed $5 million. On January 14, 2026, Judge Donald M. Middlebrooks set the case for jury trial commencing on November 2, 2026—an aggressive trial track, given that the case was first filed in December 2025.
This lawsuit is the latest in a string of cases filed in Florida targeting the collection of consumer data and the use of online tracking technology. Because most consumer-facing websites gather information about visitors, this area of law is already a significant source of litigation and will continue to expand on both an individual and a class action basis. Companies should strongly consider having qualified litigation and compliance counsel address these differing standards with them to avoid potential exposure well in advance of becoming the next target of a class action lawsuit.
Data Privacy and TCPA Litigation Team
Marketing and Compliance Partners
