Papa John’s Takes Ninth Circuit Win in ‘Session Replay’ Lawsuit

Papa John’s International Inc.'s win in a proposed federal class action alleging it tracked user interactions with its website in violation of the California Invasion of Privacy Act was affirmed by a federal appeals court.

Plaintiff Dacia Thomas’ eavesdropping claim against Papa John’s under CIPA failed because a party to a conversation can’t be liable under the act for eavesdropping on its own conversation, the US Court of Appeals for the Ninth Circuit said Wednesday. Judges Jay S. Bybee, Sandra S. Ikuta, and Danielle J. Forrest were on the panel.

• The lower court also properly dismissed Thomas’ claim for intrusion ...