Spirit Airlines Win Confirmed in Website Tracking Privacy Suit

Spirit Airlines Inc. convinced the Third Circuit on Tuesday to affirm that plaintiffs challenging the use of session-replay software to track consumers on its site failed to describe a concrete injury.

The use of session replay to record user interactions with a website in real time doesn’t constitute an intangible injury, the US Court of Appeals for the Third Circuit said. The plaintiffs therefore didn’t have standing, and the lower court was correct to dismiss the case for lack of subject matter jurisdiction, according to the unpublished opinion by Judge Jane R. Roth.

The harms the plaintiffs alleged didn’t sufficiently ...