Popa v. PSP Group, LLC & Microsoft

Case: Popa v. PSP Group, LLC & Microsoft
Court: U.S. Court of Appeals for the Ninth Circuit
Date: June 21, 2024

Issue on Appeal:  Whether the district court properly determined a plaintiff did not have standing to file suit based only on an allegation a retailer used session replay code on its website.

RLC’s Position: The RLC's brief describes how retailers use session replay code to improve online shopping experiences, explains why mere use of session replay code does not create an Article III injury, and asks the 9th Circuit to issue a clear rule that use of the technology - without more - does not confer standing.
Counsel: Aileen McGrath and Zach Tan of Akin Gump