VIA CERTIFIED MAIL—RETURN RECEIPT REQUESTED
Euromarket Designs, Inc. d/b/a Crate & Barrel
Legal Department
1250 Techny Road
Northbrook, IL 60062
Pre-Arbitration Notice of Individual Consumer Privacy Dispute
To Whom It May Concern:
I am sending this Notice of Dispute to notify Euromarket Designs, Inc., d/b/a Crate & Barrel, and its corporate affiliates, individually or collectively referred to here as “Crate & Barrel,” of a dispute regarding my use of crateandbarrel.com and Crate & Barrel’s use of tracking technology on that website — including Meta/Facebook Pixel-related tracking technology, code, or related processes, to capture, record, decode, or transmit information about my electronic communications and website interactions without valid prior authorization.
Nature and Basis of the Dispute
I personally used crateandbarrel.com while I was physically located in California. I used crateandbarrel.com to {typeA161}, or engage in other shopping- or account-related activity. To the best of my recollection, this occurred approximately {pleaseComplete} before this Notice.
When I used crateandbarrel.com, I understood that I was communicating and interacting with Crate & Barrel for purposes related to browsing or purchasing furniture, home décor, or other consumer products. I did not know or understand that information associated with my communications and interactions with crateandbarrel.com would be captured, recorded, decoded, transmitted, or otherwise processed through Meta/Facebook-related tracking technology in the manner described below.
Based on my current understanding and counsel’s investigation, crateandbarrel.com deployed tracking technology from a third-party provider — Meta/Facebook, through the Meta/Facebook Pixel and associated scripts — consisting of pixels, scripts, and related software processes (collectively, the “Tracking Tools”). Crate & Barrel caused browser-side pixel and tracking processes to load during website visitors’ sessions and, after loading, to send background communications from visitors’ browsers to Meta/Facebook-related endpoints through the Tracking Tools. Those communications contained or reflected non-content routing, addressing, signaling, source-identifying, browser-identifying, device-identifying, session-identifying, and event-identifying information associated with communications and interactions with crateandbarrel.com — including, for example, page URLs and referrer information; search terms entered; pageview and event signals generated at page load and during a session; timestamps; browser type, version, and configuration data; user-agent strings; screen and device dimensions; product names, identifiers, and prices associated with items viewed or added to cart; a persistent advertising and tracking identifier, together with hashed identifying information, maintained by Meta/Facebook across visits to crateandbarrel.com and other websites over time; and other routing, addressing, signaling, and source-identifying information associated with communications and interactions with crateandbarrel.com. The testing, confirmed across multiple independent visits to crateandbarrel.com, reflected Tracking Tool activity occurring without any cookie consent notice, privacy banner, or user-choice mechanism ever being presented at any point during the browsing session.
Upon information and belief, the Tracking Tools loaded during my crateandbarrel.com session and generated or caused requests reflecting information associated with my activity on the website, including my product searches, the specific products I viewed, and my shopping-cart and checkout activity. This information matters because it was tied to the context and purpose of my crateandbarrel.com activity — including my interest in and consideration of specific furniture, home décor, or other products in connection with my personal shopping activity — not merely to a generic visit to an unrelated webpage. Taken together, these identifiers, event signals, and contextual data points could be used by Crate & Barrel, Meta/Facebook, and other recipients or vendors to link my crateandbarrel.com activity to my browser, device, session, or identity over time and across different websites.
I contend that this conduct violated Cal. Penal Code § 638.51 because Crate & Barrel installed, used, or caused the use of a pen register or trap-and-trace device, process, or functionality to capture, record, decode, or transmit non-content dialing, routing, addressing, signaling, source-identifying, device-identifying, session-identifying, URL/referrer, event, cookie, IP-address-related, user-agent, persistent identifier, and hashed matching-related, session, pageview, or similar information about my electronic communications and activity with crateandbarrel.com, without first obtaining a court order and without my valid consent or other lawful authorization.
I also preserve related claims and theories under Cal. Penal Code § 631 and the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510–2523, to the extent the facts show that Crate & Barrel or any third party intercepted, read, attempted to read, learned, used, disclosed, or aided the interception or use of the contents or substance of my communications with crateandbarrel.com without valid consent. I do not waive any other statutory, common-law, contract, privacy-policy, consumer-protection, equitable, or related theory that may be supported by the facts and law.
I did not knowingly authorize Crate & Barrel to use, enable, or cause the operation of Tracking Tools to capture, record, decode, transmit, or otherwise process my data in the manner described above. To the extent Crate & Barrel contends that its Terms of Use, Privacy Policy, cookie policy, or other disclosures provided authorization for the challenged conduct, I dispute that contention. More specifically, I dispute that generalized disclosures concerning cookies, analytics, advertising, service providers, targeted advertising, website measurement, data sharing, or similar practices provided clear, prior, specific, informed, and valid authorization for the challenged tracking activity described in this Notice. Consent is especially lacking to the extent the challenged tracking technology loaded or operated before I had a meaningful opportunity to make a privacy choice, operated despite a rejection of non-essential advertising or analytics technologies or continued after an opt-out request or similar privacy preference signal.
I am not aware of any court order, judicial authorization, statutory authorization, or other lawful authority permitting Crate & Barrel, Meta/Facebook, or any related vendor to install, use, or operate the challenged tracking technology in connection with my communications and interactions with crateandbarrel.com.
Relief Sought
I seek all relief available under applicable law and any applicable agreement, including statutory damages where available; restitutionary relief and disgorgement; injunctive and equitable relief requiring Crate & Barrel to cease the challenged tracking practices unless and until it obtains valid consent and complies with applicable law; deletion, non-use, or de-identification of data derived from the challenged tracking practices; preservation and disclosure of records; attorneys’ fees, arbitration fees, costs, and any additional relief available under law, contract, arbitration rules, or equity.
My current good-faith demand is $5,000, subject to supplementation after Crate & Barrel provides records sufficient to evaluate the full amount of statutory, actual, equitable, and other relief owed. Because the number, timing, nature, and scope of any violations depend on records presently within Crate & Barrel’s possession, custody, or control, as well as records maintained by third-party vendors and service providers, I reserve the right to supplement my damages calculation and requested relief after those records become available.
I request that Crate & Barrel preserve all records and ESI relating to this dispute, including data, logs, code, configurations, communications, contracts, and materials in Crate & Barrel’s possession, custody, or control or reasonably accessible through its vendors, service providers, contractors, or agents. Crate & Barrel should suspend any routine deletion, overwriting, rotation, or destruction process that could affect records relevant to my interactions, the challenged tracking, the data collected or transmitted, relief, or resolution. I authorize Crate & Barrel to communicate with my counsel identified below regarding this dispute and to produce to them all records and information concerning my account or associated with my use of crateandbarrel.com that are reasonably necessary to evaluate and resolve this dispute.
Informal Resolution
I am providing this Notice in good faith before initiating formal proceedings in order to afford Crate & Barrel an opportunity to discuss an informal resolution of my dispute. Please confirm receipt of this Notice and contact my counsel within 14 business days. If Crate & Barrel believes that additional information is required to evaluate or resolve this dispute, please identify the specific information requested and the contractual or legal basis for the request.
Without conceding that any 60-day period is contractually required, enforceable, or necessary to satisfy any condition precedent, I am willing to allow 60 days after Crate & Barrel receives this Notice for informal resolution discussions. If the dispute is not resolved within that period, I intend to pursue my rights in any available forum and through any available procedure, including through individual arbitration before JAMS. See Crate & Barrel, Terms of Use (last visited July 8, 2026).
In doing so, I expressly reserve all arguments and objections to the validity, enforceability, applicability, interpretation, effect, or satisfaction of any Crate & Barrel arbitration, waiver, limitation, forum, governing-law, mass-arbitration, public-injunction, unilateral-modification, informal-resolution, condition-precedent, or dispute-resolution provision, including objections concerning formation, assent, notice, scope, delegation, unconscionability, waiver, fees, costs, limitations periods, venue, arbitral rules, public injunctive relief, representative relief, and consistency with applicable law. I also reject, and do not consent to, any unilateral modification of Crate & Barrel’s terms, privacy policy, or any other purportedly applicable terms unless I affirmatively agree in a separate signed writing.
This Notice is not a complete statement of all facts, claims, legal theories, damages, remedies, defenses, objections, responses, or grounds. I reserve the right to amend, supplement, refine, narrow, expand, or otherwise modify this Notice and my requested relief based upon additional investigation, records, technical analysis, discovery, expert review, arbitration proceedings, litigation proceedings, or other information.
Please direct all communications concerning this dispute to my counsel identified below.
Sincerely,