Rand v. Eyemart Express, LLC

Optical chain. Fifth Circuit reversed the pixel-data dismissal on Oct. 23, 2026 and remanded

Class action
Active — remanded to trial court

Timeline

Filed
Mar 13, 2024
Key ruling
Oct 23, 2026

Key ruling

Dismissed with prejudice May 27, 2025 (no PHI pleaded, one-party consent). Reversed and remanded by the Fifth Circuit, October 23, 2026 (No. 25-10784). The panel held plaintiffs have standing and adequately pleaded that health information was shared with Meta, and left the merits of all claims to the district court.

Status note

Dismissed with prejudice May 27, 2025 (no PHI pleaded, one-party consent). The district court held the Wiretap Act is a one-party consent statute, Eyemart consented to the tracking on its own site, and the crime-tort exception failed because no PHI was pleaded. The Fifth Circuit reversed and remanded on Oct. 23, 2026 (No. 25-10784), holding plaintiffs have standing and adequately pleaded that health information was shared with Meta. The Wiretap Act and other claims return to the N.D. Tex. (No. 3:24-cv-621) for reconsideration.

Exposure

Pages covered

Public website (unauthenticated)

Tracking technologies named

Meta Pixel

Plaintiff firms

Foster YarboroughLevi & KorsinskyMathias Raphael

Data licensed under CC BY 4.0. Cite as SounderData.com Tracker Litigation Database, November 12, 2026.