GameStop Win in Online Tracking Suit Affirmed by 3rd Circuit (1)

A proposed class action alleging that video-game retailer GameStop Inc. used online tracking software to collect consumers’ information in violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act was properly dismissed, the Third Circuit said Thursday.

Lead plaintiff Amber Cook didn’t put any sensitive or personal information into the GameStop website during her visit and failed to allege a concrete injury sufficient for Article III standing, the court said.

The appellate court affirmed dismissal of the lawsuit but modified the lower court’s order so that the dismissal was without prejudice.

Cook claimed in the September 2022 lawsuit that ...