Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Fender Musical Instruments Corp. has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Fender Musical Instruments Corp. — the maker of the Stratocaster, Telecaster and Precision Bass — is facing a proposed class action over how its website tracks visitors. The case, Ewart and Johnston v. Fender Musical Instruments Corp., No. 5:26-cv-05460, was filed June 5, 2026 in the U.S. District Court for the Northern District of California by two California residents who say they shopped on fender.com.According to the complaint, fender.com greets visitors with a pop-up cookie banner that lets them opt out of tracking by adjusting a "Do not sell my personal information" toggle. The plaintiffs allege that even after they used that toggle to reject cookies, Fender's site continued to load third-party tracking cookies and transmit their browsing data to outside advertising and analytics companies. The filing of a complaint is only the start of the case: Fender has not been found liable, no class has been certified, and the allegations remain unproven.
The "Do Not Sell My Personal Information" Allegations
The complaint centers on what the plaintiffs say is a gap between Fender's privacy promise and what its website actually did. When a visitor in California loaded fender.com, the suit says, the site displayed a pop-up "Privacy Settings" banner that told users they could either "rock out and accept these cookies" or adjust a "Do not sell my personal information" toggle to decline them — including cookies used for personalized advertising, analytics and social media.The plaintiffs allege that, despite adjusting that toggle to reject cookies, fender.com still caused third-party cookies to be placed on their browsers and transmitted their data to a long list of outside companies, including:
• Meta (Facebook)
• Google (Google Analytics, YouTube, Google Play)
• TikTok (ByteDance)
• Microsoft (Bing and AppNexus)
• Adobe, Taboola and LiveRamp
• Ad-exchange and ad-tech firms such as PubMatic, Magnite (Rubicon Project), Criteo, Index Exchange, The Trade Desk, Amazon, Pinterest, Reddit, Snap and Teads
The complaint says counsel used browser developer tools to capture network traffic showing tracking requests — and the cookies attached to them — firing to those domains after the opt-out toggle was set. The data allegedly disclosed included visitors' browsing and search activity, the product pages they viewed, device and session details, referring URLs, unique identifiers and IP-based geolocation. The plaintiffs say none of that should have happened once they declined cookies, and that the toggle gave them a false sense that their choice was being honored.
What Laws Does the Complaint Invoke?
The lawsuit brings six causes of action. Most notably, it relies on the California Invasion of Privacy Act (CIPA):• CIPA wiretapping (Penal Code § 631) — alleging the third parties' cookies and code intercepted visitors' communications with the site while they were in transit, without consent. CIPA allows statutory damages of $5,000 per violation, or three times actual damages.
• CIPA pen register (Penal Code § 638.51) — alleging the tracking technologies functioned as an unauthorized "pen register" recording routing and addressing information such as IP addresses, with $5,000 in statutory damages per violation.
• Invasion of privacy under the California Constitution and intrusion upon seclusion
• Common law fraud, deceit and misrepresentation
• Unjust enrichment
CIPA's pen-register and wiretap theories have driven a wave of recent privacy suits against companies whose websites embed advertising and analytics trackers. Fender has not yet responded to the complaint, and defendants in these cases often argue that website analytics do not amount to "wiretapping" and that users consented to the tracking.
Who Could Be Covered?
Because no class has been certified, the class definition is not final. The complaint proposes a single nationwide class:• All persons who browsed fender.com in the United States after declining or rejecting cookies by adjusting the "Do not sell my personal information" toggle on the website's pop-up cookie consent banner.
The plaintiffs are California residents and the statutes at the heart of the case are California privacy laws, so the practical reach of any class will depend on how the court handles the nationwide definition. There is no sign-up list and nothing for visitors to do right now. If a class is certified or a settlement is reached, covered users would be notified and a claims process would be announced.
What the Lawsuit Seeks
The plaintiffs ask the court to certify the class and award statutory damages under CIPA, along with restitution, disgorgement of profits, punitive damages and nominal damages, and they demand a jury trial. They also seek an injunction that would stop Fender from making the challenged representations and from allowing the alleged tracking to continue. Whether any money is ever paid depends on how the litigation unfolds — through a settlement, a judgment, or dismissal. The complaint also notes that Fender received a demand letter describing substantially similar claims on or about June 6, 2025.Is There a Settlement or Claim Form Yet?
No. This is a newly filed lawsuit, not a settlement. That means:• There is no settlement fund.
• There is no claim form.
• There is no payout, and no deadline to act.
• fender.com visitors do not need to do anything to "join" at this stage.
Be wary of any site or message claiming you can "file a Fender claim" today — no claims process exists. If this case produces a settlement with a claim form, we will cover it.
What Happens Next?
The case now moves through the early stages of federal litigation: Fender may answer the complaint or move to dismiss (defendants in CIPA tracking cases routinely challenge whether website analytics qualify as "wiretapping" or a "pen register," and whether visitors consented). Discovery would follow, and the plaintiffs will at some point ask the court to certify the class. Each step can take months.OpenClassActions.com will watch the docket for major developments — a motion to dismiss, class certification, or a settlement with a claim form — and update this page as the case advances. For related cases, see our coverage of the AutoZone website-tracking privacy settlement and the Otter.ai wiretap class action, which raise similar privacy questions.
Frequently Asked Questions
Is there a Fender settlement or claim form yet?
No. This is a newly filed proposed class action lawsuit, not a settlement. There is no settlement fund, no claim form, and no deadline to act. Fender has not been found liable, no class has been certified, and visitors do not need to do anything to join the case at this stage.
What does the Fender class action lawsuit allege?
The complaint, Ewart and Johnston v. Fender Musical Instruments Corp., No. 5:26-cv-05460 (N.D. Cal.), alleges that fender.com showed visitors a cookie banner letting them reject tracking by adjusting a "Do not sell my personal information" toggle, but that third-party tracking cookies — including those from Meta, Google, TikTok, Microsoft Bing, Adobe, Taboola and LiveRamp — continued to fire and transmit user data anyway. These are unproven allegations Fender has not yet answered in court.
Who could be covered by the Fender lawsuit?
The complaint proposes a class of all persons who browsed fender.com in the United States after declining or rejecting cookies by adjusting the "Do not sell my personal information" toggle on the website's pop-up cookie consent banner. No class has been certified yet, so the definition is not final.
What are the plaintiffs seeking?
The complaint seeks statutory damages, restitution, disgorgement, punitive damages, and an injunction. The California Invasion of Privacy Act provides statutory damages of $5,000 per violation (or three times actual damages) under Penal Code section 631, and $5,000 per violation under the pen-register provision, section 638.51. Any recovery is uncertain unless and until plaintiffs prevail or a settlement is reached.
What should I do if I used fender.com?
There is nothing to file right now because there is no settlement or claim form. If you want legal advice, consult a privacy attorney licensed in your state. OpenClassActions.com is a consumer news site, not a law firm, and does not provide legal advice or process claims.
Read the Class Action Complaint
The full complaint filed in Ewart and Johnston v. Fender Musical Instruments Corp. is embedded below.Download the Full Class Action Complaint (PDF)
Sources
• Class Action Complaint — Ewart and Johnston v. Fender Musical Instruments Corp., No. 5:26-cv-05460-SVK (N.D. Cal., filed June 5, 2026)• CourtListener — docket search for Ewart v. Fender Musical Instruments Corp.
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