After removing a lawsuit brought against it in Pennsylvania state court under the Wiretapping and Electronic Surveillance Control Act (“WESCA”) to the United States District Court for the Eastern District of Pennsylvania, Prime Hydration LLC argued in its motion to dismiss that the plaintiff lacked Article III standing. Judge Nitza I. Quiñones Alejandro agreed and remanded the case to state court. Heaven v. Prime Hydration LLC, 2025 WL 42964, at *7 (E.D. Pa. Jan. 7, 2025).
Plaintiff Shantay Heaven filed a putative class action in the Philadelphia Court of Common Pleas asserting that Prime Hydration allowed third parties to track the activity of visitors to Prime Hydration’s website. Id. at *1. Plaintiff asserted that Prime Hydration integrated the third-party pixels into its website. Id. at *2. Those two pieces of code, Plaintiff alleged, allowed Prime Hydration to capture “her searches for drink flavors, . . . and that this information was transmitted to” the third-party servers. Id. at *6.Continue Reading Pennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping Claim