Songkick: Illinois Cookie Class Action Filed Over Consent Rejection

• Songkick.com faces a class action lawsuit alleging it tracked and sold user data despite explicit cookie rejections.
• Plaintiffs claim the platform intentionally collected information like search queries, IP addresses, and unique identifiers, then sold it to third-party advertisers.
• The lawsuit is filed under the Illinois Eavesdropping Act and the Federal Wiretap Act, citing third-party trackers as "eavesdropping devices."
• The class includes all U.S. residents who rejected cookies and were tracked, with a specific subclass for Illinois residents.
• The alleged conduct occurred from Songkick.com's acquisition by Warner Music Group in 2017 through its present ownership under Suno.

This suggests a systemic issue where the platform's consent management system was purportedly bypassed, with tracking mechanisms firing on every page for all users, including those who had selected 'reject all.'

A new class action lawsuit has been filed against Songkick.com, a prominent concert discovery platform, alleging that the company unlawfully tracked and sold user data even after individuals explicitly rejected cookie consent. The complaint, brought by plaintiffs Zoe Barker and Charissa Baron on behalf of a class of users, claims that Songkick.com's actions represent a deliberate disregard for user privacy choices, rather than an accidental oversight. This Songkick Illinois cookie class action centers on the accusation that the platform continued to collect sensitive information, including details about artists, events, concerts, and search dates, alongside unique identifiers and users' IP addresses, despite clear rejections via its own cookie consent banner.

The plaintiffs assert that Songkick.com not only retained this data but also proceeded to sell it to third-party advertisers. The 43-page complaint emphasizes the intentional nature of these alleged acts, stating that the defendants "solicited their users’ consent, received an express refusal, and tracked them anyway, overriding the very choice defendants themselves offered." This suggests a systemic issue where the platform's consent management system was purportedly bypassed, with tracking mechanisms firing on every page for all users, including those who had selected "reject all." Barker, who used the site to find concerts in the Chicago area, and Baron, who searched for shows in Denver and San Diego, both reported rejecting all cookies, only to have their choices ignored.

The legal foundation for the lawsuit rests on alleged violations of both the Illinois Eavesdropping Act and the Federal Wiretap Act. The plaintiffs contend that Songkick.com's actions constitute the surreptitious interception of private electronic communications without the necessary consent of all parties, which is prohibited under the Illinois Eavesdropping Act. Furthermore, the complaint extends beyond mere interception, arguing that the platform intentionally committed criminal and tortious acts by commercially exploiting users through the sharing of cookie data with third-party advertisers, directly defying their express refusal of consent.

The class action specifically identifies third-party tracking technologies embedded on the website by entities such as Yahoo, Amazon, and Google as "eavesdropping devices." The plaintiffs argue that Songkick.com and its owners are liable for knowingly employing these technologies and subsequently deriving benefits and information from them. This aspect of the Illinois Eavesdropping Act lawsuit highlights the complex interplay between website operators and the third-party services they integrate, placing responsibility on the platform for the data collection practices of its partners.

Songkick.com, founded in 2008, boasts a user base of over 155 million fans who utilize the platform to track artists, discover concerts, and purchase tickets. The company underwent a significant ownership change in 2017 when it was acquired by Warner Music Group, the world's third-largest music corporation. More recently, in November 2025, the platform was sold to Suno, an AI music generator. The class period for this lawsuit spans from Warner Music Group's acquisition of Songkick.com in 2017 up to the present day, encompassing its operation under Suno.

The lawsuit seeks to represent a broad class of individuals, including all United States residents who rejected cookies on Songkick.com and were subsequently tracked regardless of their choice. Additionally, an Illinois subclass has been established specifically for Illinois residents who experienced the same alleged conduct. This broad scope underscores the potential impact of the cookie consent rejection lawsuit, affecting a significant number of users across the country who believed their privacy preferences were being honored. The plaintiffs allege that this data privacy class action Illinois is not merely about a failure to obtain consent, but a deliberate overriding of user choice.

This Federal Wiretap Act Songkick lawsuit brings into sharp focus the critical importance of genuine cookie consent mechanisms and the legal ramifications for companies that fail to honor user privacy choices. The Federal Trade Commission defines website cookies as pieces of information saved by web browsers to remember users and track their activity over time, often used for targeted advertisements or remembering login details. When users reject cookies, they expect their online activities, including keystrokes and search queries, to remain private.

The plaintiffs' assertion that "Each interception, disclosure and use was intentional" and not "the product of an accident or mistake" elevates this case beyond a simple technical glitch. It suggests a deliberate strategy to collect and sell user data, even in the face of explicit refusal. This case serves as a stark reminder for online platforms about the compliance risks associated with data collection and the necessity of robust, transparent, and genuinely effective consent management systems. The allegations of Songkick user data sale despite rejection highlight a significant challenge in maintaining user trust and adhering to evolving data privacy regulations.

This case highlights significant compliance risks for companies operating online, particularly regarding data privacy and consent management under state laws like the Illinois Eavesdropping Act. Lawyers should advise clients to audit their cookie consent mechanisms to ensure user rejections are genuinely honored and data is not subsequently collected or sold, preventing potential class action litigation.

Source: Original reporting via Courthouse News Service