Third Circuit Denies Rehearing in Consumer-Surveillance Suit

Harriet Carter Gifts won’t get a rehearing before the US Court of Appeals for the Third Circuit in a dispute over its use of consumer-tracking software on its website.

The Philadelphia-based court on Wednesday reaffirmed an Aug. 16 ruling in which it revived a lawsuit alleging the online retailer’s use of tracking software on its website violated the Pennsylvania Wiretapping and Electronic Surveillance Act.

The Third Circuit overturned a lower court’s grant of summary judgment to Harriet Carter in the earlier ruling, holding that transmission of user data to Navistone Inc., Harriet Carter’s third-party vendor, may have violated the act. ...