Skip to main contentMikulsky v. Bloomingdale’s
The Ninth Circuit allowed the pleaded aiding claim about real-time session replay to proceed. It affirmed dismissal of the separate intrusion claim. Survival at pleading is not a finding that the allegations are true.
Case record
- US Court of Appeals, Ninth Circuit
- CIPA §631
- 24-3564
- Affirmed in part and reversed in part; unpublished memorandum
- 20 June 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 Unpublished and nonprecedential decisions are identified in the status where applicable.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.
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.