VIA EMAIL AND CERTIFIED MAIL – RETURN RECEIPT REQUESTED
Lean Rx, Inc.
2108 N St, Ste N
Sacramento, CA 95816
support@skinnyrx.com
Re: Notice of Dispute Concerning SkinnyRx’s Privacy Violations
To Whom It May Concern:
I hereby provide notice of my individual dispute with Lean Rx, Inc. d/b/a SkinnyRx, together with its subsidiaries, affiliates, agents, and related entities (collectively, “SkinnyRx”), arising out of my use of SkinnyRx’s website, health-intake flow, quiz, and/or product-matching flow and its use of third-party code, software processes, and similar technologies on its digital platforms (collectively, the “Tracking Tools”) that caused or permitted third parties to receive, read, attempt to read, learn, capture, transmit, disclose, share, or use information associated with my electronic communications with SkinnyRx and my activity on its digital platforms, without my prior, informed consent or legal authorization.
Nature and Basis of Dispute
I used SkinnyRx’s website one or more times during the period relevant to this dispute while I was located in {state}. To the best of my recollection, this occurred approximately {withinThe}{36Months}{612Months}{12Years}{moreThan}.
When I visited SkinnyRx’s website, I was not presented with a typical shopping or browsing experience. Instead, SkinnyRx promptly directed me toward prompts such as “Get Started,” “See If You Qualify,” or similar calls to action. Those prompts led me into a structured health-intake flow that asked me to provide personal and medical information before I could meaningfully evaluate, access, or obtain SkinnyRx’s products or services.
As part of that intake process, SkinnyRx asked me questions about sensitive health-related topics, including my weight, medication use, health history, health goals, and related information. I understood that I was providing this information to SkinnyRx so SkinnyRx could evaluate my eligibility, generate recommendations, or offer prescription-related products or services. I was not clearly told, before providing my health-intake information, that my sensitive health-intake answers, the health-related pages I viewed, or identifiers linked to me or my device would be captured or transmitted in real time to TikTok, ByteDance, or related tracking vendors while I was using SkinnyRx’s prescription-related intake flow.
Based on my current understanding, SkinnyRx caused or permitted the contents of my website communications, together with persistent identifiers and session data linked to me or my device, to be captured, accessed, disclosed, or transmitted in real time to one or more third parties, including but not limited to TikTok, through TikTok-related tracking code embedded in SkinnyRx’s website (the “TikTok Tracking Tools”). These transmissions included or were capable of including one or more categories of sensitive information, such as medication names, medication types, health-related goals, descriptive URLs, cookies, unique identifiers, session identifiers, device identifiers, and other data sufficient to identify, profile, retarget, or link me across platforms and sessions. Separately, and in the alternative, some information captured, transmitted, disclosed, or made available through the TikTok Tracking Tools also included or revealed the contents, substance, or meaning of my communications and activity on SkinnyRx.com, including page URLs, referrers, and search parameters (including, where applicable, search terms embedded in URL parameters reflecting the specific medications I was searching for), checkout events reflecting the items present in my shopping cart at the time of the event, and other interactions, to the extent those data points reflected what I searched, viewed, selected, clicked, or communicated while using SkinnyRx.com (the “Content-Revealing Data”). I refer to the Non-Content Tracking Data and the Content-Revealing Data together as my SkinnyRx Data.
I would not have knowingly agreed—and did not knowingly agree—to have my SkinnyRx health-intake communications, identifiers, URLs, cookies, IP-related data, or session activity sent in real time to TikTok or ByteDance. I am also not aware of any court order authorizing SkinnyRx, TikTok, ByteDance, or any related vendor to install, deploy, or use the TikTok Tracking Tools to collect, capture, access, disclose, or transmit information from my website communications. TikTok is not an ordinary analytics vendor; its relationship with ByteDance and the Chinese government has been the subject of serious congressional, executive, and Supreme Court-recognized national-security concerns involving large-scale data collection, profiling, and potential foreign-adversary access to U.S. users’ personal information. Those concerns would have been especially important to me because I was not merely browsing a general retail site—I was providing sensitive health-related information in what I understood to be a prescription-related intake process.
SkinnyRx did not provide me with clear, conspicuous, and meaningful prior notice that my health-intake communications and related identifiers would be captured, disclosed, or transmitted to TikTok in this manner. To the extent SkinnyRx presented any privacy disclosure, terms, or other notice later in the process, that later notice did not provide meaningful prior authorization and could not retroactively authorize information that had already been captured, accessed, disclosed, or transmitted.
I was harmed because SkinnyRx allowed sensitive health-related information and identifiers associated with me to be shared with third parties without my prior, informed, and meaningful consent. This deprived me of control over my private information, exposed my health-related website communications to third-party tracking and advertising systems, and subjected me to the risk that my information could be used for profiling, targeting, retargeting, analytics, measurement, or other commercial purposes unrelated to the treatment or prescription-related reason I believed I was providing the information.
This conduct supports claims under federal and state privacy, electronic-surveillance, anti-wiretapping, consumer-health-data, medical-confidentiality, and consumer-protection laws, including laws prohibiting the unauthorized collection, interception, disclosure, sharing, sale, marketing use, or other non-treatment use of health-related or individually identifiable information without valid notice, consent, authorization, or other lawful basis. These claims include, where applicable, statutory and common-law privacy remedies, unfair or deceptive acts and practices remedies, and remedies under the laws of my state and any other applicable jurisdiction.
Relief Sought
I seek all individual relief available to me under California law, federal law, the laws of my home state, and any other applicable jurisdiction, including statutory, liquidated, punitive, and nominal damages; restitution or disgorgement where available; injunctive and declaratory relief; attorneys’ fees, costs, and interest; and any other relief available at law, in equity, or by contract.
Because SkinnyRx’s Terms provide that California law governs both the Terms and my use of the Services, I seek relief available under California law, including but not limited to the California Invasion of Privacy Act, Penal Code §§ 638.51, 631(a), and 637.2; California’s Confidentiality of Medical Information Act, Civil Code § 56 et seq.; and related California privacy and consumer-protection laws, to the extent applicable. I also preserve all additional and non-waivable rights and remedies available under the laws of my state and any other applicable jurisdiction. I further seek non-monetary relief requiring SkinnyRx to stop using TikTok Tracking Tools or similar technologies to collect, disclose, profile, or monetize my health-intake data and to delete improperly collected data associated with me. Because the precise number of violations and available remedies depend on records in SkinnyRx’s, TikTok’s, ByteDance’s, and related vendors’ possession, I reserve the right to supplement this demand and damages calculation after those records are provided.
I ask that SkinnyRx preserve all records relevant to my claim and provide sufficient information for my counsel and me to evaluate an informal resolution. I authorize SkinnyRx to communicate with my counsel identified below regarding this dispute and to disclose to my counsel records and information concerning my account or associated with my use of SkinnyRx.com that are reasonably necessary to identify my relevant interactions, determine what tracking technologies were active during those interactions, evaluate what information was collected or transmitted, calculate relief, and discuss informal resolution.
Request for Informal / Pre-Arbitration Resolution
I am providing this Notice in good faith as my written description of the Dispute before initiating formal proceedings and to afford SkinnyRx an opportunity to discuss an informal resolution of my dispute. If this dispute is not resolved informally within 30 days after SkinnyRx receives this Notice, I intend to pursue all available rights and remedies in any available forum and through any available procedure, including individual arbitration before the American Arbitration Association. If I initiate individual arbitration, I will request that SkinnyRx pay all AAA filing, administrative, and arbitrator fees pursuant to SkinnyRx’s own Terms, Lean Rx, Inc., Terms and Conditions (May 2026), https://skinnyrx.com/terms. In pursuing individual arbitration under, I reserve all objections to any interpretation, application, or provision of SkinnyRx’s Terms that is unlawful, unconscionable, non-mutual, procedurally defective, inconsistent with applicable law, or used to limit my substantive rights, remedies, fees, costs, discovery, limitations periods, representative or non-waivable rights, or ability to obtain relief available under applicable law. I also reject, and do not consent to, any unilateral modification of SkinnyRx’s terms, privacy policy, or any other purportedly applicable terms unless I affirmatively agree in separate signed writing.
This Notice is not a complete statement of all facts, claims, legal theories, damages, remedies, defenses, responses, objections, or grounds. I reserve the right to amend, supplement, refine, or expand this Notice and my requested relief based on additional information, SkinnyRx’s records, vendor records, arbitration, litigation, discovery, motion practice, expert analysis, or further investigation. I reserve all rights, claims, remedies, arguments, and objections.
Please confirm receipt of this Notice and direct all communications regarding this dispute to my counsel listed below.
Sincerely,