Class Action
Mikulsky v. Bloomingdale's
Mikulsky v. Bloomingdale's, LLC
Where it stands
The district court dismissed the CIPA § 631(a) claim (713 F. Supp. 3d 833 (S.D. Cal. 2024)). On June 20, 2025 the Ninth Circuit reversed (2025 WL 1718225), reinstating the § 631(a) claim and remanding, while affirming dismissal of the California common-law intrusion-upon-seclusion claim. The case is back before the district court.
Key ruling
Mikulsky v. Bloomingdale's, LLC (9th Cir. June 20, 2025) — session-replay capture of a user's keystrokes, form entries and product selections can constitute the 'contents' of a communication under CIPA § 631(a), not mere record information, and a retailer can be liable for aiding a vendor's interception. Decided the same term as Gutierrez v. Converse, which cut the other way on whether § 631's first clause reaches internet chats, producing the split signals now driving California website-wiretapping litigation.
Note on this record
Neither the Ninth Circuit docket number nor the district court case number could be verified from the sources reviewed; the reported Westlaw citation (2025 WL 1718225) and the district court's F. Supp. 3d citation are confirmed.The record
- Court
- U.S. Court of Appeals for the Ninth Circuit (on appeal from the U.S. District Court for the Southern District of California)
- Case number
- Docket number not established
- Filed
- Filing date not established
- Defendants
- Bloomingdale's, LLC
- Plaintiffs
- California website visitors whose interactions with bloomingdales.com — mouse movements, clicks, keystrokes, page views, names, addresses, credit card data and product selections — were captured in real time by embedded third-party session-replay software.
- Technology at issue
- Third-party session-replay software embedded on a retail e-commerce website
- Relief sought
- CIPA § 631(a) statutory damages of $5,000 per violation plus injunctive relief.
Claims pleaded
Sources (3)
- Split Signals From The Ninth Circuit: CIPA Cases Against Converse and Bloomingdale's Give Rise To Conflicting InterpretationsThe National Law Review · 2025-06
- U.S. Court of Appeals Ninth Circuit Reversal Expands Potential Liability for Companies Using Session-Replay and Tracking Technologies in CaliforniaDuane Morris LLP · 2025-06
- The Ninth Circuit Briefly Speaks on CIPA Section 631Mayer Brown · 2025-06
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