Funko sued over allegedly tracking, selling customer data without permission

A new lawsuit accused the Everett-based pop culture collectibles company, Funko Pop!, of collecting and selling its users’ data without their permission.

Peter Dirksen, a California resident, claimed that Funko illegally deployed a third-party tracking software without the permission of customers who visited the Funko webstore, according to The Seattle Times.

Funko is widely known for its officially licensed collectibles and figurines related to major franchises such as Disney, Star Wars, and Marvel. The company’s products are sold both online and in stores. Funko has made products related to various Seattle sports teams, including the Mariners, Seahawks, and SuperSonics.

Lawsuit claims Funko sold user data to third parties regardless of cookie preferences

The lawsuit was filed on Friday in the U.S. District Court for the Western District of Washington, claiming that the company’s data tracking violated the federal Wiretap Act and a group of California consumer protection and privacy laws.

Dirksen claimed the company used third-party tracking software to receive, record, and transmit his data despite clicking “reject all” cookies.

“When a company affirmatively represents that users may control whether their data is sold, shared, or tracked, but then secretly sells, shares, and tracks that data anyway, the misconduct is especially egregious,” Dirksen’s attorneys wrote in the complaint obtained by The Seattle Times.

A note at the bottom of each person’s web browser pops up with “cookie” preferences when a user opens the Funko website. The pop-up asks for permission to collect a user’s data, which is used to “enhance site navigation, analyze site usage, and assist in our marketing efforts.”

The lawsuit seeks class-action status for Funko website users whose data may have been shared without explicit permission. Dirksen’s attorneys, the Seattle-based law firm Tousley Brain Stephens and New York-based law firm Levi & Korsinsky, claimed that the site began using cookies and other tools before a user could click “reject all.”

Additionally, the attorney claimed that a user clicking “reject all” cookies didn’t affect whether a person’s data was collected or shared.

“Indeed, even after users rejected non-essential Tracking Tools and selected only strictly necessary cookies, Defendant continued deploying Tracking Tools by, at a minimum, Facebook, Google, and Salesforce,” the attorneys wrote, according to The Seattle Times.

Funko reports major losses in 2025 earnings call

In August 2025, Funko Pop! reported a $41 million loss in the second quarter, a massive swing in the opposite direction from the 2024 second quarter, when Funko reported a $5.4 million profit.

Interim CEO of Funko Pop!, Mike Lunsford, attributed the lackluster second-quarter earnings to economic uncertainty.

“As expected, our 2025 second quarter performance was impacted by a dynamic and uncertain tariff environment,” Lunsford said.

Funko reported net sales of $193.5 million in the second quarter of 2025. In comparison, Funko reported net sales of $247.7 million in the second quarter of 2024.

In the first half of the year, Funko reported a $69 million loss between January and June.

Funko’s earnings call was held after the market closed on August 7, 2025, when the company’s stock closed at $3.66 per share on the NASDAQ stock exchange.

After the market opened the next day, Funko’s price per share had dropped more than 35% in one trading day, down to $2.35 per share.

The company’s stock price plummeted over the course of 2025, opening at roughly $14 on January 1, 2025, and falling as low as $2.22 in August.

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