Microsoft Defeats ‘Session Replay’ Lawsuit at Ninth Circuit (1)

Microsoft Corp. defeated a proposed class action alleging it used “session replay” software to record consumers’ interactions with the petsuppliesplus.com website in violation of Pennsylvania’s wiretapping law.

Lead plaintiff Ashley Popa failed to allege a concrete injury sufficient to establish her standing to sue in federal court, the US Court of Appeals for the Ninth Circuit said Tuesday.

Popa said her injury from Microsoft’s collection of her data from PSP Group LLC’s website was similar to the injuries protected by the common-law torts of intrusion upon seclusion and public disclosure of private facts. But both analogies failed, Judge Jed S. ...