Rack Room Shoes’ Dismissal Bid in Online Privacy Suit Rejected

Rack Room Shoes failed to convince a federal judge to grant much of a dismissal motion against a proposed privacy class action over the footwear retailer’s use of their third party online surveillance tools.

The footwear retailer will continue to face a claim under Electronic Communications Privacy Act, as well as those under California’s Comprehensive Computer Data Access and Fraud Act and Invasion of Privacy Act, Judge Rita L. Lin said.

For the ECPA claim, the suit provides sufficient notice of its legal theory, the US District Court for the Northern District of California said. Rack Room allegedly actively played ...