A California federal court has allowed privacy claims to proceed against Rack Room Shoes based on its use of embedded tracking tools on its website—signaling that companies may face liability under both state and federal privacy laws, even where data collection is disclosed in a privacy policy. In Smith v. Rack Room Shoes, Inc. (2025 WL 2210002), decided August 4, 2025, Judge Rita Lin of the Northern District of California declined to dismiss claims brought under the federal Wiretap Act and California’s Comprehensive Computer Data Access and Fraud Act (CDAFA). Read the full Alert on the Duane Morris website.