Gap Defeats Lawsuit Over Tracking Software in Marketing Emails

Gap Inc. defeated a proposed class action alleging it invaded consumers’ privacy through its use of marketing emails embedded with tracking technology provided by its partner Bluecore Inc.

Plaintiff Efren Ramos failed to adequately plead the elements of his claims under the California Invasion of Privacy Act, Judge Haywood S. Gilliam Jr. of the US District Court for the Northern District of California said Monday.

Gilliam also dismissed Ramos’ remaining claims after finding they were based on the CIPA claim and fell along with it, but gave the plaintiff leave to file an amended complaint.

Ramos alleged that Gap contracted ...