What Hot Topic's website appears to do
It appears that as soon as hottopic.com loads, before a visitor logs in or clicks anything, tracking code from several outside companies begins sending data. Those companies are Adobe, Criteo, Google Ads, ID5, Meta, Pinterest and TikTok.
It also appears that when a shopper types a word into the site's search box, that word is received by five outside companies:
- Adobe
- Criteo
- Google Ads
- Meta
Meta and Google Ads also appear to receive the address of the page the shopper is viewing. A page address can reveal what a shopper searched for or looked at.
Tracking tools on the site also appear to keep sending data when a visitor's browser has Global Privacy Control turned on. That is a browser setting that tells websites the visitor does not want their data sold or shared.
Why typed searches matter
A search box feels like a private conversation between you and the store. You type what you want, and the store shows you results. Most shoppers expect only the store to see those words.
When tracking code passes your search to an ad company, that company can link it to what it already knows about you. Companies like Meta, Google and Pinterest often know who you are from your social media or other accounts. Your searches can then be used to build your profile and target ads at you across the internet.
Searches can be personal. People shop for gifts, clothing sizes, health and beauty products, and things they would rather keep to themselves. A shopper has no easy way to see this is happening, and no way to stop it while using the site.
What California law says
California has a strong privacy law for communications. It prohibits reading or learning what someone types or sends to a website while it is in transit without the consent of everyone involved. When you type a search on a store's website, you are communicating with that store. The law asks whether outside companies were allowed to listen in.
California law also lets people whose communications were read this way bring a claim and seek damages. You do not have to prove you lost money.
We are investigating whether Hot Topic's website did this. We have not reached a conclusion, and no court has decided the question for Hot Topic's site.
Who may qualify
You may be able to join this investigation if all of these are true:
- You are 18 or older.
- You live in California now, or lived there when you used hottopic.com.
- You used hottopic.com, especially if you searched, filled in a form, signed up or typed anything on the site.
You do not need to have bought anything. You do not need receipts. If you had a Hot Topic account or Rewards membership, or made a purchase, tell us. It helps us organize claims. Recent visits matter most, so sign up soon.
What Maginnis Howard is doing
Maginnis Howard is a consumer protection law firm. We are gathering information from California residents who used hottopic.com. If you sign up, our legal team will review your answers and contact you about next steps.
There is no upfront cost. We work on contingency, so we are paid only if you recover. Signing up takes about a minute.
The legal basis
Why this may be illegal
It appears that a word typed into hottopic.com's search box is received by five outside companies: Adobe, Criteo, Google Ads, Meta and Pinterest. Meta and Google Ads also appear to receive the address of the page the shopper is viewing. Tracking code from Adobe, Criteo, Google Ads, ID5, Meta, Pinterest and TikTok appears to begin sending data as soon as the page loads, before a visitor clicks anything. Tracking appears to keep running even when the browser's Global Privacy Control setting is turned on.
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 in the communication consents. When you type a search or fill in a form on a store's website, you are communicating with that store. California law lets people whose communications were read this way bring a claim and seek damages without proving they lost money. This investigation is limited to people who live in California.
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 Hot Topic (Hot Topic, Inc.), cases are typically administered through JAMS.
Think you're affected? Check if you qualify and sign up in about two minutes — no upfront cost.
Check if you qualifyFrequently asked questions
What does Hot Topic's website appear to do?
It appears that a word typed into hottopic.com's search box is received by Adobe, Criteo, Google Ads, Meta and Pinterest. Several tracking tools also appear to start sending data as soon as the page loads, before a visitor clicks anything.
Do I need to prove I lost money?
No. California law lets people whose communications were read by outside companies without consent seek damages without proving they lost money.
Why only California?
This investigation relies on a California privacy law that protects people who live in California. If you live in California now, or lived there when you used the site, you can sign up.
I didn't buy anything. Does it apply?
It may. The concern is what you typed on the site, like a search. You do not need to have made a purchase. Tell us whether you had an account or bought something, because it helps us sort claims.
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 Hot Topic 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.
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.
Who can sign up?
You must be 18 or older and live in California now, or have lived there when you used hottopic.com.
What clients say
The entire process with Maginnis Howard was effortless. All our communication was by email and only a few phone calls. Any calls or emails were answered very promptly. I would like to thank Ian and Maginnis Howard. I will highly recommend any dispute that includes an Arbitration Agreement, there could no be a better Firm to represent you!
Ian is an excellent communicator who knows how to work with these companies to obtain a resolution and get you the best settlement offer possible. I highly recommend Ian and the Maginnis Howard law firm for anyone navigating the arbitration process.
I'm very grateful for his representation and the result we achieved. If you're facing arbitration and feel overwhelmed or unsure of your rights, I highly recommend Ian Vance and Maginnis Howard. They know how to handle these cases and fight for their clients.
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