Gap Defeats Suit Targeting Tracking Software in Marketing Emails

Gap Inc. again defeated a proposed class action alleging that the clothing retailer violated California privacy law when it placed Bluecore online trackers in its marketing emails.

It appeared the plaintiff’s arguments were “continuously shapeshifting in search of a legal theory that can be stretched to cover the facts of this case,” Judge Haywood S. Gilliam Jr., of the US District Court for the Northern District of California, said in dismissing the suit without leave to amend.

Bluecore’s software allows Gap to create a replica of how potential customers see the retailer’s email content in real time, and produce detailed ...