Luxury brand facing scrutiny over failed Erika Kirk smear job by staffer who leaked purchase history

Just over six months after her husband was assassinated, shameless smears on Erika Kirk continued with a new line of attack, potentially placing a retailer at odds with federal law.

Since September 10, 2025, when Turning Point USA founder Charlie Kirk was gunned down while exercising his First Amendment right on the campus of Utah Valley University, a subset of the chronically online have seen fit to attack the grieving widow.

With wild accusations ranging from her not caring to somehow being involved in plotting the murder of the father of her children, the latest assault on Kirk’s reputation accused her of going on a thousand-dollar “shopping spree” at an Alo store the day after the horrific tragedy.

Responding to the TikTok video of one @markosbits, TPUSA Events Administrative Director Elizabeth McCoy cut to the chase on the viral accusations that put the retailer at risk of potential legal recourse over sharing the widow’s account information.

“I posted this on Instagram yesterday. Posting here today so that everyone can see how ridiculous this situation is. I was the one who made the Alo purchase, in person, in Utah,” explained McCoy.

“When we got the call that Charlie had been shot, we rushed from the office and into the airplane,” she continued. “We arrived in Utah with nothing but the clothes we were wearing. We were in those clothes all day at the hospital and slept in them that night. The next morning, our friend Stacy handed me her card, and I went out and picked up some items and toiletries for various team members and Erika. Alo was down the street.”

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“Also, if you look closely at the video below, you will see that the photo of Erika’s account was taken at 12:15pm on March 10. A week before the video was released. That’s not a coincidence,” argued McCoy. “It’s a clear sign this was a planned, manufactured attack. To accuse Erika or anyone else of entertaining a ‘shopping spree’ hours after her husband was brutally murdered is cruel and vicious.”

Amid reactions to the latest smear which included dubbing some perpetrators “demonic,” attorney Danny Karon spoke with Fox News Digital about the potential for legal recourse.

“The level of protection they owe you depends on how they use your data, who they share it with, and which state’s laws apply,” he said as, despite the 2023 Utah Consumer Privacy Act (UCPA), which permits retailers to sell customer data if the ability to opt out is presented, he argued that the retailer was not shielded.

“Instead, what happened was a privacy breach that gives rise to several common-law — as opposed to statutory, like the UCPA — claims, such as public disclosure of private facts, breach of contract, intrusion upon seclusion, doxxing and negligence,” outlined the attorney. “And even though Erika Kirk is not a Utah resident, because her Alo purchase occurred in a Utah brick-and-mortar location and the disclosure occurred in Utah, personal jurisdiction overt the parties exists in Utah, as does the application of Utah law. This means, she may file her case in Utah under Utah law.”

Additional federal claims could be made under the Federal Trade Commission Act “if a retailer promises not to share your data but does …”

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Meanwhile, Fox News political analyst Guy Benson joined those slamming the latest attack on Kirk, saying, “It is appalling that public explanations like this are even necessary. What these people are doing to Erika Kirk is demonic.”

Mary Katharine Ham shared an article on how to help a friend dealing with grief — including providing clothes — as she sounded off, “It is insane they have to defend or explain this, but since people are intent on making them do so, let’s use it as a teachable moment.”

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Kevin Haggerty

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