Five Below lawsuit: what it claims and who could get paid

What the Five Below lawsuit claims

Tamara Rubio, a California resident who says she has used the Five Below app since 2024, sued Five Below, Inc. in federal court in Pennsylvania. Her case is No. 2:26-cv-07553 in the Eastern District of Pennsylvania. Top Class Actions covered it on October 3, 2026, and AllAboutLawyer's docket summary gives a filing date of September 30, 2026.

She alleges the apps embedded Facebook Pixel, a Facebook software development kit, TikTok Pixel and LogRocket session replay software. According to the complaint, those tools collected product views, searches, cart and checkout activity, purchases, prices and identifiers, and passed them to Meta, TikTok and LogRocket. She also says users got no adequate notice or way to opt out, and that the privacy policy wasn't presented at download or launch. These are allegations, not findings.

The legal claims and what the plaintiff wants

The complaint relies on privacy and wiretapping laws: the federal Electronic Communications Privacy Act, the Pennsylvania Wiretapping and Electronic Surveillance Control Act, the California Invasion of Privacy Act and the California Unfair Competition Law. It also pleads intrusion upon seclusion, invasion of privacy and unjust enrichment.

Rubio asks for statutory, actual and punitive damages, restitution and disgorgement, attorneys' fees and costs, and a court order making Five Below stop the alleged interception and remove the tracking tools. No dollar amount has been reported. Statutory damages matter because privacy statutes can set a per-violation amount, but whether any applies is for the court to decide. For background, see what a class action lawsuit is.

Who could be in the Five Below class

No class has been certified, so nobody is formally a member yet. According to AllAboutLawyer, the proposed class is a nationwide group of U.S. users of the Five Below apps whose information was allegedly intercepted and sent on, plus a California subclass and a California subclass of people who bought through the apps. The class period is unconfirmed.

The key point: people who only shopped in Five Below stores, or only used the website, are not clearly included. The definitions can change before a judge rules. You can check how this works in our guide to checking if you are part of a class action.

Where the case stands

As of October 5, 2026, the case was at an early stage: the complaint had been filed and a summons issued. We found no response from Five Below, no motion, no class ruling and no settlement. A common next step in app tracking cases is a motion to dismiss or to send claims to individual arbitration if the company's terms require it, which is one reason the complaint challenges how those terms were shown to users. Our guide to the arbitration clause explains why that matters.

Cases like this usually take a year or more to reach a settlement, if they do. Our guide on what happens after a class action is certified covers the road to payment.

Don't confuse it with the investor lawsuits

Five Below also faces separate securities class actions brought by investors who say the company misled the market about its growth. Those suits are about stock losses, not shoppers, and a shopper cannot claim money from them. The Rubio case is the consumer privacy suit. Track it on Owed's Five Below page.

Could anyone get paid from the Five Below lawsuit?

Not today. There is no fund, no claim form and no deadline. If the case settles, app privacy settlements often pay small flat amounts per person, sometimes with a larger tier for people who can show a purchase, but nothing here is set. Read what to do when a brand you bought got sued.

Beware any site or message offering a Five Below payout or asking for a fee. Real class members never pay to be included.

How to hear if Five Below settles

If a settlement is reached, a court-approved notice and an official website with a claim form would follow. Until then, follow the docket and read how to get notified of class action settlements.

Owed can keep track of this for you: it finds settlements you may qualify for, explains each one in plain English, opens the official claim form, reminds you before deadlines and tracks your claim to payout, while you submit the claim yourself. Owed Pro is $2 for the first week, then $49 per year — one flat membership. Owed never takes a percentage of any payout. Filing directly with a settlement administrator is always free. Browse the open settlements directory for cases you can file now.

This is general information, not legal advice. Owed isn't a law firm; the court decides who is in any class and whether anyone is paid.

Glossary

Proposed class

A group plaintiffs ask the court to certify. Until a judge certifies it, nobody is formally a member.

Tracking pixel

A small piece of code that sends information about what you do in an app or on a site to another company.

Session replay

Software that records screens and taps so a company can replay how a user moved through an app.

Subclass

A smaller group within a larger class, such as California users.

Statutory damages

A set amount per violation that a law provides, without proving a specific loss.

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