Northern District of California Finds No Concrete Injury Despite A Lack of Consent

In Shirley Vanasch et al. v. GoFundMe Inc., Plaintiffs Sal Munoz and Shirley Vanasch brought an action against Defendant GoFundMe for violations of the California Invasion of Privacy Act (“CIPA”), Cal. Penal Code §§ 631 and 638.51, and common law fraud, deceit and/or misrepresentation for the use of third-party tracking technologies on Defendant’s website despite Plaintiffs’ choices to opt out of such tracking. Shirley Vanasch, et al., v. GoFundMe Inc., No. 26-CV-01217-TLT, 2026 WL 3182540 (N.D. Cal. Oct. 14, 2026). GoFundMe operates a website that provides public online fundraising to allow individuals to raise money or donate to a variety of causes. Website users can also fundraising campaigns with potential donors and browse for various campaigns on the website themselves. Plaintiffs alleged that when they visited the website, GoFundMe provided a cookie-consent banner that offered users the option to either accept or reject all cookies. When Plaintiffs clicked the option to reject all cookies, GoFundMe caused Plaintiffs’ browsers to send information to third-party companies. These third-party companies included Google, Meta, Microsoft, PayPal, TikTok, and others who received Plaintiffs’ information through the use of cookies, pixels, scripts, and similar technologies. The information disclosed included Plaintiffs IP addresses, browser and device information, identifiers, webpage URLs, site- and interaction information, as well as the particular webpages they viewed on the website. Plaintiffs alleged that the information tracked could reveal further information concerning medical conditions, financial difficulties, personal relationships, religious affiliations, or other sensitive matters. GoFundMe moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) for a lack of Article III standing, and the United States District Court for the Northern District of California agreed with their reasoning.

In Shirley Vanasch et al. v. GoFundMe Inc., Plaintiffs Sal Munoz and Shirley Vanasch brought an action against Defendant GoFundMe for violations of the California Invasion of Privacy Act (“CIPA”), Cal. Penal Code §§ 631 and 638.51, and common law fraud, deceit and/or misrepresentation for the use of third-party tracking technologies on Defendant’s website despite Plaintiffs’ choices to opt out of such tracking. Shirley Vanasch, et al., v. GoFundMe Inc., No. 26-CV-01217-TLT, 2026 WL 3182540 (N.D. Cal. Oct. 14, 2026).

GoFundMe operates a website that provides public online fundraising to allow individuals to raise money or donate to a variety of causes. Website users can also fundraising campaigns with potential donors and browse for various campaigns on the website themselves.

Plaintiffs alleged that when they visited the website, GoFundMe provided a cookie-consent banner that offered users the option to either accept or reject all cookies. When Plaintiffs clicked the option to reject all cookies, GoFundMe caused Plaintiffs’ browsers to send information to third-party companies. These third-party companies included Google, Meta, Microsoft, PayPal, TikTok, and others who received Plaintiffs’ information through the use of cookies, pixels, scripts, and similar technologies.

The information disclosed included Plaintiffs IP addresses, browser and device information, identifiers, webpage URLs, site- and interaction information, as well as the particular webpages they viewed on the website.

Plaintiffs alleged that the information tracked could reveal further information concerning medical conditions, financial difficulties, personal relationships, religious affiliations, or other sensitive matters.

GoFundMe moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) for a lack of Article III standing, and the United States District Court for the Northern District of California agreed with their reasoning.