B&I Wins Summary Judgment for NaviStone in Pennsylvania Privacy Class Action

On March 24, 2025, U.S. District Judge William S. Stickman IV granted a motion for summary judgment filed by Brann & Isaacson attorneys, David W. Bertoni, David Swetnam-Burland, and Eamonn Hart, for NaviStone, Inc. and co-defendant Harriet Carter Gifts, Inc. In this long-running putative class action, the plaintiff, Ashley Popa, accused NaviStone of “wiretapping” her Internet communications to Harriet Carter when she searched for pet stairs on the Harriet Carter website. In granting summary judgment for NaviStone and Harriet Carter, Judge Stickman ruled that Harriet Carter’s privacy policy, linked on each page of the website, was reasonably conspicuous and put visitors on notice that third parties, such as NaviStone, might have access to information relating to consumers’ activities on the website. A reasonably prudent consumer would, therefore, have impliedly consented to the communications at issue. As lead counsel, David Bertoni, put it to Law360 (subscription required), the judge’s ruling is “a victory for common sense” in the regulation of routine internet activities.