Skip to main contentCook v. GameStop
The Third Circuit found no concrete injury from the ordinary browsing data alleged in this session-replay case. It modified dismissal to be without prejudice and distinguished claims involving broken privacy promises.
Case record
- US Court of Appeals, Third Circuit
- Pennsylvania WESCA; Article III standing
- 23-2574
- Standing dismissal affirmed as modified to be without prejudice
- 7 August 2025
- 16 October 2026
What this record establishes
This page describes the cited opinion or order. A dismissal, pleading decision, standing ruling or jurisdiction decision has a different scope from a merits judgment. Later proceedings and appeals may change the position. Unpublished and nonprecedential decisions are identified in the status where applicable.
Checks for your own systems
Inth’s technical interpretation: use this case to choose what evidence to collect in your own implementation. These checks are not instructions issued by the court or regulator.
- Map every session-replay and chat vendor, including embedded frames and server relays.
- Compare what the site receives with what each vendor can receive, read, retain and use independently.
- Record the consent state and the timing of each captured message or field.
- Keep the exact notice, screen sequence and version the user saw.
- Match each claimed consent to the particular collection, purpose and recipient.
Sources and limits
Source review: 16 October 2026. This record covers the cited source and procedural stage. It does not audit the organisation’s present implementation or establish every later legal development.