In a recent decision, the U.S. Court of Appeals for the Eighth Circuit addressed the issue of standing in the case of Jones v. Bloomingdales.com, 124 F.4th 535 (8th Cir. 2024). The case involved a user challenging the use of session-replay technology on the website of the retailer Bloomingdale’s. This technology allows companies to track detailed user interactions on their websites, including mouse movements, clicks, keystrokes, search terms, and URLs visited.
The Court found that the user lacked standing to sue, as the perceived privacy concerns were not sufficient to demonstrate a concrete injury. Session-replay technology has been criticized for creating unique “fingerprints” of users based on their internet activity, raising concerns about privacy protections online.
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