Third Circuit Clarifies Standing Requirements For Session Replay Privacy Claims

The United States Court of Appeals for the Third Circuit issued a decision on August 7, 2025, in Cook v. GameStop, Inc. that provides important guidance on Article III standing for session replay technology challenges, affirming dismissal of a putative class action. The ruling offers clarity for companies deploying website analytics tools while establishing clearer pleading requirements for privacy plaintiffs.

Case Background and Technology

Plaintiff Amber Cook challenged GameStop's use of session replay code, which captures and reconstructs comprehensive user interactions including mouse movements, clicks, keystrokes, scrolling, window resizing and page navigation. During her website visit, Cook browsed products, entered search terms and added an item to her cart without inputting "any sensitive or personal information" such as her name, contact details or payment data. The session replay technology assigned her a unique user ID for tracking purposes, though