Ninth Circuit Dismisses Session Replay Wiretap Case

In a victory for defendants, on August 26, 2025, the Ninth Circuit dismissed a class action lawsuit alleging violation of Pennsylvania's wiretap statute by using session replay tracking technology on the company's website.¹The appellate court held that the plaintiff failed to demonstrate she had suffered a concrete injury in fact that would give her standing to sue. The Ninth Circuit's ruling may have far-reaching implications for similar class actions alleging violations of the California Invasion of Privacy Act (CIPA) and other wiretap laws.

Facts
This case arises out of the common use of so-called "session replay" technology that allows businesses to track and record visitors' various interactions with a website, capturing user activities such as the date the website was accessed, the device used to access the website, a user's mouse movements, screen swipes, any text input by the user on the website, and more. In this case, the plaintiff alleged that the