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Venmo Promised β€œPrivate.” A Lawsuit Says Payment Details Went to Trackers

Privacy promises versus alleged data flows

Venmo Promised β€œPrivate.” A Lawsuit Says Payment Details Went to Trackers

Four users allege that PayPal embedded technology in Venmo that transmitted names, contact details, payment amounts, recipients and transaction notes to outside data companies, even when payments were marked private.

PayPal and VenmoBased on a complaint dated September 1, 2026U.S. District Court, Northern District of California

What the complaint says

  • PayPal allegedly caused nine categories of identifying and transaction data to be transmitted through tracking technology embedded in Venmo.
  • The named recipients include customer-data platform mParticle and mobile attribution company Kochava.
  • The complaint says the transmissions occurred even when users selected β€œPrivate,” a setting Venmo described as limiting visibility to the sender and recipient.
  • Four named plaintiffs say they did not know about or consent to the alleged sharing.
  • The plaintiffs seek to represent nationwide and California classes, but the supplied document does not show that any class has been certified.
  • The complaint also challenges revised arbitration terms that it says make consumer claims slower and more expensive to pursue.

The central dispute is not whether other Venmo users could see a payment. It is whether β€œPrivate” also allowed hidden transmission of the payment data to outside companies.

Evidence status: This article is based on the plaintiffs’ class action complaint. Its claims are allegations, not judicial findings. The supplied record contains no answer from PayPal, no ruling on liability and no order certifying a class.

A payment note named his daughter. He says he chose β€œPrivate.”

Plaintiff Remi Rundzio says he deliberately marked his Venmo payments private. For one transaction, he wrote a detailed note that included his daughter’s name, the class she took and the date it occurred.

That note was meant to explain the payment. According to the Venmo language quoted in the complaint, a private transaction would be visible in the user’s personal feed and to the other participant, nowhere else.

The lawsuit alleges a different path behind the screen. It says tracking technology embedded by PayPal transmitted transaction information and identifying data to third parties, including mParticle and Kochava. The alleged information included the recipient, amount and note, alongside details capable of tying the transaction to a person or device.

The complaint says this was not an accidental byproduct of processing a payment. It alleges that PayPal selected the tracking tools, configured the events that activated them and controlled which data fields were transmitted. Those assertions have not been tested in court.

The alleged gap between the promise and the data flow

Venmo offered three transaction visibility settings: Public, Friends and Private. The complaint argues that reasonable users would understand β€œPrivate” as a restriction on sharing, not merely a limit on what appeared in Venmo’s social feed.

Venmo statement cited by plaintiffsWhat the complaint alleges happenedCurrent evidentiary status
A private transaction would not be shared beyond the personal feed and the other participant.The counterparty, amount and payment note were transmitted through third-party tracking technology regardless of the selected privacy setting.Plaintiffs’ allegation. No court finding appears in the supplied record.
β€œVenmo does not disclose your personal information with third parties for their promotional or marketing purposes.”PayPal allegedly obtained analytics, advertising attribution and audience-building benefits from the transmissions.Plaintiffs’ interpretation of the alleged data flow and commercial benefit.
For nonaffiliates marketing to users, the privacy notice allegedly said: β€œWe don’t share.”The complaint identifies mParticle and Kochava as nonaffiliated recipients.The recipients are named in the complaint. Their roles and receipt of data remain allegations in this case.
9data categories allegedThe complaint lists identity, contact, device, vendor and transaction fields.
4named plaintiffsStacey Borquez, Remi Rundzio, Nathan Olson and Lana Nava.
50cases in an alleged arbitration batchThe revised terms allegedly allow 25 claims selected by each side to proceed at one time.

What allegedly left the app

The complaint identifies nine fields that it says were disclosed or made accessible through the tracking technology. This was allegedly person-level information, not an anonymous statistical summary.

  • Sender’s full name
  • Email address
  • Telephone number
  • Android Advertising ID
  • mParticle ID
  • Kochava ID
  • Recipient identity
  • Payment amount
  • Transaction note
The data pathway alleged in the Venmo complaint A vertical conceptual diagram showing a user submitting a private payment, Venmo processing it, tracking technology allegedly transmitting identifying and transaction fields, and outside data companies receiving those fields. 1. User submits a payment Recipient, amount and required noteTransaction is marked β€œPrivate” 2. Venmo handles the instruction The payment communication is sentto PayPal’s Venmo platform 3. Alleged parallel transmission Tracking technology allegedly sendsidentity, device identifiers, recipient,amount and transaction note 4. Outside data companies The complaint names mParticleand Kochava. Any additional recipientsor downstream uses remain unknown.

Conceptual reconstruction based solely on the complaint’s allegations. It does not represent a court-verified technical audit or measured volume of transmissions.

The complaint says the transmissions happened while the payment communication was in transit to PayPal. That timing matters because the plaintiffs invoke federal and California wiretapping laws that regulate interception of electronic communications.

Why a transaction note can expose more than a purchase

Venmo payments combine financial information with free text. The complaint says the note field is mandatory when an account is private, meaning a user must enter some description to complete the payment.

A note can be harmless, but it can also identify a medical provider, legal service, recovery program, religious donation, political contribution, housing payment or intimate relationship. Those are examples offered by the plaintiffs, not evidence that every user disclosed such details.

A concrete allegation

Rundzio says one private payment note named his daughter, identified her class and included the date. He says he used accurate descriptions because he expected private transactions to remain private.

Dependence on the platform

Plaintiff Lana Nava says she used Venmo for personal and work transactions, held a Venmo debit card and received payroll through the service. The complaint uses that reliance to argue that closing an account is not a simple substitute for meaningful choice.

The plaintiffs claim loss of privacy, loss of control over their data and diminished data value. They also allege anxiety and continuing risk because they do not know whether the conduct stopped or whether previously transmitted data was deleted.

The complaint does not allege that money was taken from the plaintiffs’ Venmo balances. It also does not quantify an individual out-of-pocket loss caused by the alleged transmissions. The claimed injury centers on privacy, control and the commercial value of personal data.

The companies named on the receiving end

mParticle

The complaint describes mParticle as a customer data platform that ingests user-level events, links them into persistent profiles and routes data to other systems. It alleges that mParticle received names, contact information, advertising and platform identifiers, and Venmo transaction fields. The claim that mParticle used data for its own purposes is pleaded on information and belief.

Kochava

The complaint describes Kochava as a mobile measurement and attribution company. It specifically alleges that Kochava received Kochava IDs and Android Advertising IDs through technology incorporated into Venmo. The complaint also identifies Kochava among the third-party recipients of the challenged data flow.

The plaintiffs say PayPal obtained analytics about user behavior, advertising attribution, custom-audience capabilities and improved marketing performance. The complete list of recipients and downstream uses is not provided. The complaint says those details would need to be obtained through discovery.

The lawsuit also targets the path consumers must use to complain

The privacy allegations are paired with a fight over arbitration. According to the complaint, PayPal notified users in July 2026 that revised Venmo terms would take effect on August 24, 2026. The plaintiffs argue that the changes added obstacles and attempted to apply them to disputes that already existed.

  • Handwritten requirements: The new terms allegedly require an original handwritten signature on a notice of dispute and a separate authorization before counsel can discuss an account with PayPal.
  • A longer preliminary process: The mandatory informal period allegedly grew from 45 to 60 days, with more time possible if PayPal requests a conference.
  • Staged mass arbitration: For 25 or more similar disputes handled by coordinated counsel, the complaint says only 50 selected cases can proceed at once while the rest wait.
  • Earlier disputes: The plaintiffs say the new language attempts to govern disputes that arose before the revised agreement took effect, despite language in the former agreement protecting previously filed claims from later amendments.
  • Fees for smaller claims: The former agreement allegedly promised that PayPal would pay all arbitration fees for claims of $10,000 or less. The new language instead says the parties may discuss reducing or deferring fees.

Existing users allegedly could not reject only the amendments. The complaint says their stated alternative was to close the Venmo account before the effective date. PayPal has not had an opportunity to present a defense in the supplied material, and the court has not ruled on whether the arbitration provisions are enforceable.

What the plaintiffs want, and what has not been decided

The complaint pleads ten claims, including alleged violations of the Electronic Communications Privacy Act, two provisions of the California Invasion of Privacy Act, California computer-access law, the California Constitution and the state’s Unfair Competition Law. It also asserts common-law privacy, unjust-enrichment and negligence theories.

The plaintiffs ask for an injunction against the alleged sharing, class certification, restitution, disgorgement and multiple forms of damages. Their requested statutory measures include the ECPA formula of actual damages and profits or the greater of $100 per day or $10,000, as well as California privacy-law damages of $5,000 per violation or three times actual damages, whichever is greater.

Those figures are requested remedies, not awards. No damages determination appears in the supplied record.

AllegationsDetailed in a complaint submitted by four Venmo users.
Class statusNationwide and California classes are proposed. Certification is not shown.
LiabilityNo finding of wrongdoing appears in the supplied document.
Company responseThe supplied complaint contains no PayPal answer, denial or other response to the allegations.

Questions the complaint leaves open

  • Exactly which data fields each outside company received.
  • Whether other companies received Venmo transaction information.
  • How any recipient used, retained or passed along the data.
  • Whether the alleged transmissions have stopped.
  • Whether a court will permit the claims to proceed in court or require arbitration.

β€œPrivate” can mean two very different things

A privacy control can limit what other users see while doing nothing to restrict analytics, attribution or marketing systems behind the interface. The complaint argues that Venmo promised more than feed privacy. It says PayPal represented that a private transaction would not be shared anywhere beyond the participants, then built a technical pathway that did the opposite.

Whether that pathway existed as alleged, what each recipient obtained and whether users legally consented remain unresolved. The case turns on a basic question with consequences far beyond Venmo: when a financial app labels a payment private, does that promise govern only the screen, or the entire data system behind it?

Source: Class action complaint in Stacey Borquez, Remi Rundzio, Nathan Olson and Lana Nava v. PayPal, Inc. d/b/a Venmo, Case No. 5:26-cv-9340, U.S. District Court for the Northern District of California, dated September 1, 2026. The complaint presents the plaintiffs’ allegations and requested relief; it is not a judicial finding.
Aleeia
Aleeia

I'm Aleeia, the creator of this website.

I have 6+ years of experience as an independent researcher covering corporate misconduct, sourced from legal documents, regulatory filings, and professional legal databases.

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