Bloomingdale’s Customer Revives Website Tracking Suit on Appeal

A federal appeals court restored a consumer’s proposed class action alleging that Bloomingdale’s LLC used “session-replay” surveillance technology on its website to collect consumers’ personal information in violation of the California Invasion of Privacy Act.

Lead plaintiff Erica Mikulsky adequately alleged that Bloomingdale’s, a New York-based department store, was subject to the jurisdiction of California courts, and that the company aided in the collection of the contents of her communications as required for CIPA liability, the US Court of Appeals for the Ninth Circuit said Friday in an unsigned opinion.

The Ninth Circuit reversed the district court’s dismissal of Mikulsky’s ...