Appeals Court Doubts Standing in Papa John’s Session-Replay Suit

Consumers looking to revive proposed privacy class actions against Bloomingdales.com LLC and Papa John’s International Inc. over the companies’ use of website surveillance tools ran into skeptical questions Wednesday from a federal appeals court panel.

At issue in oral argument before the US Court of Appeals for the Eighth Circuit was whether plaintiff Ann Jones had suffered concrete injuries sufficient for standing to sue in federal court when the companies collected information arising from her visits to their websites and shared it with third parties.

Plaintiffs’ attorney Kate Baxter-Kauf told the court that Jones suffered an invasion of privacy when ...