Wentao Yang, Matthew Verdin & Kathryn Cahoy of Covington and Burling write:
Does a plaintiff’s use of a website constitute consent to a privacy policy linked in the website’s footer? A Pennsylvania federal court answered yes in Popa v. Harriet Carter Gifts, Inc., 2025 WL 896938 (W.D. Pa. Mar. 24, 2025), granting summary judgment in favor of an online retailer (Harriet Carter Gifts) and its marketing partner (NaviStone) accused of collecting data about plaintiff’s website visit in violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”).
Plaintiff Ashley Popa visited the Harriet Carter website to search for pet stairs. According to plaintiff, Harriet Carter used NaviStone’s marketing service to track her shopping activity on the website for the purpose of delivering mail advertisements. Plaintiff admitted that she did not review Harriet Carter’s privacy policy, which was linked in the website’s footer and disclosed that third parties, like NaviStone, may have access to information relating to consumers’ activities on the website. Nevertheless, Popa sued Harriet Carter and NaviStone, alleging that they violated WESCA by collecting data about her shopping activity on the Harriet Carter website without consent.
Read more at Inside Privacy.