[Enforcement library](/enforcement)

# Popa v. Microsoft

The Ninth Circuit rejected federal standing for the session-replay allegations about a retail website. The opinion distinguishes ordinary browsing activity from information with greater privacy sensitivity.

US Court of Appeals, Ninth Circuit · Washington privacy and Article III standing

- Case record
- What this record establishes
- Checks for your own systems
- Sources and limits

## Case record

| Fact | Record |
| --- | --- |
| Authority or court | US Court of Appeals, Ninth Circuit |
| Law or issue | Washington privacy and Article III standing |
| Case number | 24-14 |
| Procedural record | Standing dismissal affirmed |
| Opinion or order | 26 August 2025 |
| Source reviewed | 16 October 2026 |

[Court opinion (mirror)](https://www.uschamber.com/assets/documents/Opinion-Popa-v.-PSP-Group-LLC-Ninth-Circuit.pdf)

## 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 Unpublished and nonprecedential decisions are identified in the status where applicable.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.

> **Limits of technical evidence**
> A browser capture can show a transfer. It cannot establish every server operation, the terms of a contract or whether a law applies. Compare observed behaviour with the relevant disclosures and legal assessment.

## Sources and limits

[Court opinion (mirror)](https://www.uschamber.com/assets/documents/Opinion-Popa-v.-PSP-Group-LLC-Ninth-Circuit.pdf)

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.

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