Bloomberg Law
Aug. 16, 2022, 7:06 PM

NaviStone on Hook Again for Tracking Consumer Website Activity

Samantha Hawkins
Samantha Hawkins
Legal Reporter

Harriet Carter Gifts Inc. and NaviStone Inc. once again face liability for tracking consumer activity on Harriet Carter’s website, after the Third Circuit held Tuesday that the tracking might have violated Pennsylvania’s electronic surveillance law.

Ashley Popa sued Harriet Carter after learning that marketing service NaviStone tracked her activities across the store’s website while she browsed for pet stairs.

Judge William S. Stickman of the US District Court for the Western District of Pennsylvania ruled in June 2021 that NaviStone couldn’t have intercepted Popa’s communications, as defined under Pennsylvania’s Wiretapping and Electronic Surveillance Act, because it was a direct party ...