124 F.4th 535
8th Cir.2024Background
- Ann Jones sued Bloomingdales.com and Papa John’s International after learning their websites used session replay technology to record her actions and communications during her visits.
- She alleged this technology captured mouse movements, clicks, keystrokes, and similar user behavior, and asserted this was an invasion of privacy under state and federal law.
- Jones did not allege that any sensitive or identifying information (like her name, SSN, or financial data) was captured by the session replay technology.
- The district court dismissed her suit against Bloomingdales for lack of standing, finding she had not alleged a concrete injury. The Papa John’s suit was dismissed for lack of personal jurisdiction.
- The Eighth Circuit consolidated her appeals and affirmed both dismissals, holding Jones lacked standing for failing to allege a concrete injury.
Issues
| Issue | Plaintiffs' Argument | Defendants' Argument | Held |
|---|---|---|---|
| Concrete injury/standing | Use of session replay tech is an intrusion upon seclusion and invasion of privacy | No concrete harm alleged; session replay info not private or sensitive | No concrete injury; plaintiff lacks standing |
| Privacy of website behaviors | Mouse movements/clicks/keystrokes are private and protected under law | General website behaviors are not private from site owners | No reasonable expectation of privacy in such data |
| Sufficiency of allegations | Allegations of privacy invasion should suffice at pleadings stage | Need factual support for concrete harm, not just theory or general risk | Allegations insufficient for standing |
| Personal jurisdiction | (Plaintiff presumably argued court had PJ over Papa John’s) | Court lacked personal jurisdiction over Papa John’s | Not reached (based decision on standing) |
Key Cases Cited
- TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) (concrete injury for standing requires real, not theoretical, harm; dissemination of information required)
- Spokeo, Inc. v. Robins, 578 U.S. 330 (2016) (standing requires a concrete and particularized injury)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions unsupported by factual allegations do not suffice)
- Auer v. Trans Union, LLC, 902 F.3d 873 (8th Cir. 2018) (unsupported assertions of intangible harm are insufficient for standing)