Just Browsing? Courts Differ on Whether Website Users Lack Article III Standing for Wiretapping Claims
Hunton Andrews Kurth
DECEMBER 19, 2023
Earlier this month, a Pennsylvania federal judge held that users of Bass Pro Shops’ and Cabela’s websites lacked Article III standing to sue the retailers for use of “session replay” software, where the users failed to allege that the software captured their personal information, such as financial data or medical diagnosis information. In Re: BPS Direct, LLC, and Cabela’s, LLC, Wiretapping , No. 2:23-md-03074 (E.D.
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