unlawfulcharges.comWhat Gap's website appears to do
It appears that as soon as gap.com loads, before a visitor logs in or clicks anything, the page begins sending data to nine outside companies: Adobe, Bing, Google Ads, Meta, Pinterest, Quantum Metric, Snap, TikTok and X (formerly Twitter).
It also appears that when a shopper types a word into the site's search box, all nine of those companies receive it. In other words, the words a shopper types to find a product appear to be passed to advertising and analytics firms in the moments after they are typed.
One of those firms, Quantum Metric, sells session replay. Session replay tools record how a visitor moves through a site, such as clicks, scrolling and typing, so the session can be played back later.
The site appears to show a cookie notice that does not include a button to reject tracking.
Why what you type matters
Most people think of a website search as a private exchange between them and the store. You type what you want, and the store shows you results. Searches can be revealing. They can point to your size, your budget, a medical need, a pregnancy, a gift for someone, or a life event.
When outside companies receive that text, they can link it to what they already know about you. Companies like Meta, TikTok, Pinterest and Snap run social media platforms. Many shoppers are logged in to those platforms on the same browser. That can let a search on a store's site be tied to a real name and profile.
The site does not appear to ask shoppers before sending their searches to these companies.
What California law says
California's privacy laws protect the contents of your communications. California law prohibits letting an outside company read or learn what you type or send to a website while it is in transit, unless everyone taking part has agreed.
When you search or fill in a form on a store's website, you are communicating with that store. The advertising and analytics companies that receive a copy are not part of that conversation unless you agreed to let them in.
California law also lets people whose communications were read this way bring a claim and seek damages. You do not have to prove that you lost money.
Who may qualify
Maginnis Howard is investigating claims for California residents. You may qualify if:
- You live in California, or lived there when you used the site
- You visited gap.com, and especially if you searched, filled in a form or signed up there
- You used the site recently, ideally within the last year
The same Terms of Use cover Gap, Old Navy, Banana Republic and Athleta websites. This investigation focuses on gap.com. You do not need receipts to sign up. If you have an account with Gap Inc., the email on that account helps us identify your visits.
What Maginnis Howard is doing
Maginnis Howard is investigating whether Gap Inc. allowed outside companies to read what California shoppers typed on its website without their consent. It appears that tracking code from outside companies runs on gap.com and receives what shoppers type.
If you sign up, our legal team will review your information and contact you about next steps. There is no upfront cost. We work on contingency, which means we are paid only if you recover compensation. Signing up takes about a minute.
The legal basis
Why this may be illegal
It appears that as soon as gap.com loads, before a visitor clicks anything, the site sends data to nine outside companies: Adobe, Bing, Google Ads, Meta, Pinterest, Quantum Metric, Snap, TikTok and X. Words typed into the site's search box appear to reach all nine of those companies. Quantum Metric sells session replay, which records how a visitor uses a site. The site's cookie notice does not appear to offer a way to reject tracking.
The law
California law prohibits letting outside companies read or learn what you type or send to a website while it is in transit, unless everyone taking part has agreed. When you search or fill in a form on a store's website, you are communicating with that store, not with the advertising and analytics companies that receive a copy. California law lets people whose communications were read this way bring claims and seek damages without proving they lost money. This investigation is limited to California residents.
What you could recover
California law sets damages at the greater of $5,000 per violation or three times actual damages, and the person whose communication was intercepted does not have to show they lost money. How many violations one person's visits add up to is unsettled, so no amount is promised to anyone; estimates assume one violation per person.
How your claim would be handled
Claims like this are handled as individual arbitration cases — private proceedings, no courtroom. For Gap Inc. (Gap / Old Navy / Banana Republic / Athleta), cases are typically administered through AAA.
Think you're affected? Check if you qualify and sign up in about two minutes — no upfront cost.
Check if you qualifyFrequently asked questions
Do I need to prove I lost money?
No. California law lets people whose communications were read without consent seek damages without showing they lost money.
Why only California?
This investigation relies on California's privacy laws, which protect people who live in California. If you live in California now, or lived there when you used the site, you can sign up.
What information do you need from me?
Your name, email and phone number, and a few yes-or-no answers. The form also asks for the email address on your Gap, Old Navy, Banana Republic or Athleta account and your mailing address. Both help us identify your account and present your claim, but neither is required to sign up.
Does it cost anything?
No. There is no upfront cost. We work on contingency, which means we are paid only if you recover compensation.
What if I accepted cookies?
Sign up anyway. Clicking a cookie banner does not always mean you agreed to everything a site was doing, and what a banner said can differ from what the site actually did. Our team will look at the facts of your situation.
Do I need receipts or other proof?
No. An order confirmation or account email helps if you have one, but you can sign up without it.
Does this cover Old Navy, Banana Republic and Athleta?
The same Terms of Use cover the Gap, Old Navy, Banana Republic and Athleta websites. This investigation focuses on gap.com. If you used any of these sites, sign up and tell us which ones.
What is Maginnis Howard?
Maginnis Howard is a consumer protection and personal injury law firm serving clients nationwide. You can learn more at www.carolinalaw.com.
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