Five Below App Data Tracking Lawsuit, Were You Affected? — Rubio v. Five Below, Inc., No. 2:26-cv-07553

If you’ve shopped in the Five Below app, a new federal lawsuit says tracking software may have shared what you searched, viewed and bought with Meta, TikTok and LogRocket. Is there a lawsuit against Five Below right now? Yes. Rubio v. Five Below, Inc., No. 2:26-cv-07553, is a proposed class action in the U.S. District Court for the Eastern District of Pennsylvania. It’s a privacy case, not a hacking breach. Nothing has been proven, and there’s no settlement, payout or claim form yet.

Five Below App Data Tracking Lawsuit — Key Facts

Detail	What we know
Lawsuit Filed	September 30, 2026, according to a docket summary
Plaintiff	Tamara Rubio, a California resident
Defendant	Five Below, Inc.
Alleged Harm	Tracking software in the Five Below iOS and Android apps allegedly sent shopping activity to third parties without adequate notice or consent
Law Alleged	Reported claims: the federal Electronic Communications Privacy Act, Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, the California Invasion of Privacy Act and California’s Unfair Competition Law, plus common-law claims. The complaint itself hasn’t been reviewed for this article
Who Is Affected	No class has been certified. The proposed class is reported as U.S. users of the Five Below apps, with California subclasses
Court & Case Number	U.S. District Court, Eastern District of Pennsylvania, No. 2:26-cv-07553
Judge	Kelley Brisbon Hodge, according to a docket summary
Plaintiff’s Counsel	Liberato P. Verderame (Edelson Lechtzin LLP); David S. Almeida and Lucas Coughlin (Almeida Law Group LLC), as reported
Current Stage	Early stage. Complaint filed and summons issued
Lead Plaintiff Deadline	Not applicable (consumer privacy case)
Settlement Status	None reported as of October 5, 2026
Docket Last Checked	October 5, 2026
Last Updated	October 5, 2026

Who Is Five Below and Why Is It Being Sued Over App Tracking?

Five Below is a Philadelphia-based discount retailer that sells trend items, mostly priced at $5 or less, through stores and its iOS and Android apps. Small, frequent purchases, including kids’ items, produce the kind of shopping history advertisers value. The lawsuit says the apps passed that history to outside companies without adequate notice or consent.

The plaintiff says she began using the app in 2024 and bought products for her minor child, according to press reports of the complaint.

If you’ve used the app, you’re the person this complaint is written about.

What Does the Lawsuit Say Five Below Did?

According to reports summarizing the complaint, Five Below built four tracking tools into its apps:

• The Facebook Pixel and the Facebook Software Development Kit (SDK), which report app activity to Meta
• The TikTok Pixel, which reports activity to TikTok
• LogRocket’s session replay software, which records how people move through an app

A pixel or SDK is a piece of code from an outside company that sits inside an app and reports user activity back to that company. Session replay goes further. It records screens and interactions so someone can replay a session.

The complaint reportedly alleges these tools captured products viewed, searches, cart activity, checkout events, purchases, prices, location and other identifiers. It names app events such as “ViewContent,” “Search,” “AddToCart,” “InitiateCheckout” and “AddPaymentInfo.” It alleges the data went to Meta, TikTok and LogRocket for advertising, analytics and profiling, and that Meta and TikTok could combine it with data from other sites and apps. It also says LogRocket recorded taps, swipes, scrolling and entries.

The plaintiff alleges she got no adequate notice and no chance to consent or opt out before data was sent. She says shopping details can reveal household circumstances, personal care needs, religious observance, finances and location. She says she learned of the practices through her attorneys’ investigation in June 2026.

The complaint also reportedly challenges how Five Below presented its privacy policy and terms to people downloading the app, which could matter if the terms include arbitration or class action waivers.

These are the plaintiff’s allegations. Five Below hasn’t been found liable, and we found no public response from the company. We haven’t reviewed the complaint itself.

A pixel on a retail app is common. Whether this one crossed a legal line hasn’t been decided.

Related article: Target Colorado Unpaid Wages Lawsuit, Were You Affected? Case No. 2026CV32601

Does the Lawsuit Cover the Five Below Website?

The reported allegations focus on the iOS and Android apps. Don’t assume the suit covers everyone who ever visited the company’s website.

Is This Related to Other Five Below Lawsuits?

No. This app privacy case is separate from the investor securities suit over Five Below’s 2024 stock drop, in which a federal court certified a class in August 2026, and from a reported consumer case about tariff refunds. Neither involves the apps.

Are You Part of the Five Below App Tracking Lawsuit?

Start with one question: did you use the Five Below app on an iPhone or Android phone? No court has approved a class, so what follows is our reading of the reported complaint, not an official list.

Reports say the plaintiff proposes:

• A nationwide class of U.S. users of the Five Below apps whose information was allegedly intercepted and transmitted
• A California subclass of California users
• A California purchaser subclass of California users who bought through the apps

The class period is not confirmed. People who only shopped in stores or on the website aren’t clearly included.

Five Below App Users Outside Pennsylvania — Are You Still Covered?

A federal filing doesn’t by itself create a nationwide class. The plaintiff is from California and cites both Pennsylvania and California law. The reported proposal includes a nationwide class, but a court has to approve any class, and it may be narrower.

Can Heirs, Businesses, or Households Claim?

Nobody can claim anything yet, because there’s no certified class, settlement or claim process. If the case settles, the notice would say whether an estate can file for someone who has died, whether businesses count, and how people sharing one account are treated.

Not sure if you’re part of the Five Below app tracking lawsuit? A free consultation with a data privacy attorney can help you understand your options.

Whether your phone actually sent data to these companies is a technical question only evidence in this case would answer.

What Is the Plaintiff Asking the Court to Award?

Reports say the plaintiff seeks:

• Statutory, actual and punitive damages
• Restitution and disgorgement (making a company give up money it gained)
• Attorneys’ fees and costs
• A court order requiring Five Below to stop the alleged interception and remove the tracking tools

Statutory damages are amounts set by law for a violation, so a plaintiff doesn’t have to prove a specific dollar loss. A request in a complaint isn’t an award, and no dollar total has been reported.

No money yet. No claim form yet.

What Could Five Below App Users Receive If This Settles?

Impossible to predict. It depends on how many people are in the class, what survives Five Below’s likely motions, including any arbitration argument, and what the sides negotiate. Some privacy cases end with a fund split among claimants. Others are dismissed with nothing.

Any site promising an estimate for this lawsuit is guessing.

What Should Five Below App Users Do Right Now?

1. Don’t pay anyone. There’s no claim form. A site asking for fees, a Social Security number or bank login to “join” it deserves suspicion.
2. Save proof you used the app. Order confirmation emails, receipts, your account email and your phone’s app store purchase history all work.
3. Write down the basics. Note roughly when you installed the app, whether you use iPhone or Android, and whether you ever saw a privacy or tracking prompt. Screenshots help.
4. Check your privacy settings. You can review app permissions and privacy choices on your phone. That won’t change data allegedly collected in the past.
5. Skip the lead plaintiff search. That deadline belongs to securities cases, and none applies here.
6. Watch the docket. Search Rubio v. Five Below, Inc., No. 2:26-cv-07553, on CourtListener or PACER. We’ll log changes at the top of this page.
7. Know your individual options. Whether you can sue on your own, and whether the app’s terms limit that, is a legal question. A data privacy attorney can explain.

Saving a few emails today takes ten minutes. Hunting for them in two years costs a lot more.

Five Below App Data Tracking Lawsuit — Full Timeline

Date	Event	Source
2024	Plaintiff begins using the Five Below app (reported)	Press reports of the complaint
June 2026	Plaintiff learns of the alleged data sharing through her attorneys’ investigation (reported)	Press reports of the complaint
September 30, 2026	Complaint filed in the Eastern District of Pennsylvania; summons issued	Docket summary
Not yet reported	Five Below’s response, any motion to dismiss or to compel arbitration
Not yet reported	Class certification decision
None reported as of October 5, 2026	Settlement

Five Below App Data Tracking Lawsuit — Frequently Asked Questions, No. 2:26-cv-07553

Is there a class action against Five Below right now over app data?

 Yes, a proposed class action. Tamara Rubio filed it September 30, 2026 in the Eastern District of Pennsylvania. No class has been certified.

What information does the lawsuit say was shared?

 Reports say product views, searches, cart and checkout activity, purchases, prices, location and identifiers. These allegations haven’t been proven.

Did Five Below admit to sharing customer data?

 No. The lawsuit contains allegations, not an admission.

Do I need to do anything to be part of the lawsuit?

 Not at this stage. People generally file nothing until a class is certified or a settlement sets up a claims process.

Is there a Five Below settlement?

 No. There’s no settlement fund, administrator, claim form or deadline.

When will the case settle? 

Nobody can say. Five Below’s response, any motions and class certification are all ahead, and some privacy cases end without a class payout.

Can I file my own lawsuit against Five Below instead? 

Possibly, but it’s a legal decision. The app’s terms may include arbitration or class waiver language, which is one of the issues the complaint reportedly raises. A data privacy attorney can check.

How will I find out if the case settles?

 A court-approved notice would normally reach class members by email or mail. We’ll update this page.

What does “lead plaintiff” mean here?

 Tamara Rubio is the named plaintiff who asks to represent the proposed class. Formal lead plaintiff deadlines are a securities-case process, and none applies here. Don’t confuse this case with the separate investor lawsuit.

What laws does Five Below allegedly violate?

 Reports mention the federal Electronic Communications Privacy Act, Pennsylvania’s Wiretapping and Electronic Surveillance Control Act, the California Invasion of Privacy Act, California’s Unfair Competition Law, intrusion upon seclusion and unjust enrichment. Five Below hasn’t been found liable under any of them.

How much could app users get if it settles? 

No amount is set. The plaintiff seeks damages and other relief, but nothing has been awarded.

Sources Used in This Five Below App Data Tracking Article

• Docket summary — Rubio v. Five Below, Inc., No. 2:26-cv-07553 (E.D. Pa.), PACER Monitor (source for the filing date, judge and summons): https://www.pacermonitor.com/public/case/67087235/RUBIO_v_FIVE_BELOW,_INC
• News report — Law360, “Five Below Investors Win Class Cert. In Growth Potential Suit,” August 3, 2026 (context on the separate investor case): https://www.law360.com/articles/2509112
• Complaint — Rubio v. Five Below, Inc., Dkt. 1: not reviewed (available via PACER)

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. Facts checked against a docket summary and press reports on October 5, 2026. The complaint itself was not reviewed. We’ll update this article when we’ve reviewed it. Last Updated: October 5, 2026.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.