• by Wendy Davis , July 14, 2026

Online diet company Noom has defeated a proposed class-action lawsuit over allegations that it used session replay technology to track users' activity on its site.

In a ruling issued late last week, U.S. District Court Judge William S. Stickman IV in the Western District of Pennsylvania held that even if the allegations were proven true, the plaintiff, state resident Ariel Oliver, wouldn't have been injured by Noom and therefore lacked "standing" to proceed in court.

The decision comes in a lawsuit initially brought in 2022, when Oliver claimed Noom violated a state wiretap law by alleged tracking her keystrokes and other activity on its site.

She added in a 2023 amended complaint that when she visited Noom, she completed a quiz that involved answering questions about matters including her diet goals and health.

"Unbeknownst to the millions of individuals perusing Noom’s website, Noom intentionally procures and embeds various session replay codes from session replay providers on its website to track and analyze website user interactions with www.noom.com and its subpages," the complaint alleged.

Noom urged Stickman to dismiss the lawsuit at a relatively early stage, arguing that Oliver's allegations, even if proven true, wouldn't support a finding that she experienced the kind of injury that's actionable in federal court.

Oliver "fails to allege that Noom used any of the information that she purportedly entered on Noom’s website to identify her," the company argued.

Stickman sided with Noom and threw out the suit with prejudice.

"Oliver has not pled that she provided her email address, credit card, or any other identifiable information to Noom," he wrote. "She also has not pled that Noom linked the results of her quiz to her or her Noom account."

Noom isn't the only company to face lawsuits over the alleged use of analytics software.

Other businesses including GameStop, Bass Pro Shops and Cabela's have also been sued in federal courts in Pennsylvania for allegedly using session replay technology on their sites.

The 3rd Circuit Court of Appeals, which handles appeals arising out of Pennsylvania, sided with GameStop last year, ruling that the allegations against it, even if proven true, wouldn't show that visitors to GameStop.com suffered a concrete injury.

But two months ago, that same court revived a lawsuit against Bass Pro Shops and Cabela's. In that matter, unlike the lawsuit against Noom, two plaintiffs alleged that they entered their names and billing information into the ecommerce sites' platforms.