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B.C. Court Approves Home Depot Privacy Class-Action Lawsuit Over Email Receipts
A British Columbia Supreme Court judge has approved a class-action lawsuit against Home Depot Canada, alleging the retailer violated customer privacy by sharing data from emailed receipts with Meta, the parent company of Facebook. The lawsuit, certified by Justice Peter Edelmann on Wednesday, claims Home Depot collected and shared customer information, including email addresses and purchase details, without proper consent between October 2018 and October 2022.
The case centers on allegations that Home Depot used Meta’s services to analyze the effectiveness of its advertising campaigns on Facebook. According to court documents, the retailer shared over six million emails and corresponding purchase data with Meta during this period. Justice Edelmann ruled that customers had a reasonable expectation of privacy, rejecting Home Depot’s argument that the shared information was less sensitive and therefore exempt from privacy concerns.
The decision allows the lawsuit to proceed on claims of privacy breaches but dismissed allegations that Home Depot violated other contractual obligations. The class includes customers in British Columbia, Saskatchewan, Manitoba, and Newfoundland and Labrador who provided their email addresses for electronic receipts during the specified period. Similar lawsuits are also underway in Quebec and Saskatchewan.
Canada’s privacy watchdog, Commissioner Philippe Dufresne, previously found that Home Depot shared customer data with Meta without consent. A 2023 report revealed that the retailer began sharing encoded email addresses and in-store purchase information with Meta in 2018, using the data to match purchases with Facebook profiles. Home Depot ceased the practice in October 2022, citing reliance on implied consent through its privacy statement.
Justice Edelmann emphasized that pursuing the case as a class-action lawsuit was more practical than individual claims, given the large number of affected customers. The lawsuit seeks to determine whether Home Depot violated privacy laws and whether customers are entitled to compensation. Eligible individuals do not need to take immediate action to join the class, as the law firm Merchant Law Group LLP is managing the case.
Home Depot has not yet responded to requests for comment. The certification of the lawsuit does not constitute a finding of wrongdoing, and the case will proceed to trial to address the allegations.