In an unpublished decision, the Ninth Circuit Court of Appeals reversed a District Court ruling and held that defendant was subject to personal jurisdiction in California.
Defendants’ website “appeals to, and profits from, an audience in” California, id. at 754 (quoting Mavrix Photo, Inc. v. Brand Techs., Inc., 647 F.3d 1218, 1231 (9th Cir. 2011)), and is used to collect information intentionally from users, knowing that privacy harms will be suffered in California, see id. at 756.
The Court then reversed the lower court’s dismissal under the California Invasion of Privacy Act (CIPA), specifically section 631(a). Plaintiff alleged that the retailer’s website used “Session Replay Code” to capture the contents of her communications in real time without her consent. The Ninth Circuit held that these allegations were sufficient to state a claim under CIPA, as the law prohibits the unauthorized interception of communications in transit. T
However, the court affirmed dismissal of the plaintiff’s common law claim for intrusion upon seclusion. The court found that the plaintiff did not sufficiently allege a “highly offensive” invasion of privacy.
ERICA MIKULSKY, individually & on behalf of all others similarly situated, Plaintiff-Appellant, v. BLOOMINGDALE’S, LLC; BLOOMINGDALES.COM, LLC, Defendants – Appellees. ERICA MIKULSKY, Plaintiff-Appellee, No. 24-3564, 2025 WL 1718225 (9th Cir. June 20, 2025).
*photo generated by AI
