Bloomingdale’s Settles Suit Over ‘Session Replay’ Website Tool

Bloomingdale’s LLC agreed to settle a proposed class action alleging it used “session replay” software to track and disclose visitors’ interactions with its website in violation of the California Invasion of Privacy Act.

The retailer filed a notice of settlement Nov. 14 in the US District Court for the Southern District of California. The filing comes five months after the US Court of Appeals for the Ninth Circuit reversed a lower court’s dismissal of lead plaintiff Erica Mikulsky’s lawsuit, finding she adequately alleged that Bloomingdale’s aided in the collection of the “contents” of her communications as required for CIPA liability. ...