BPS Direct, LLC, and Cabela's, LLC

This docket consolidates wiretapping claims against BPS Direct and Cabela's — retailers under the Bass Pro Shops corporate family — alleging that website tracking technology intercepted and recorded visitor communications and interactions without adequate consent, in a claim category distinct from the large-scale breach litigation elsewhere in this docket type and instead rooted in wiretapping and electronic-communications-privacy statutory theories. Centralized in the Eastern District of Pennsylvania in mid-2023, the docket now shows just 2 pending actions out of a similarly small total filed population, reflecting a narrow, contained matter rather than a large consumer class action.

For a funder, a docket this small does not support portfolio-scale underwriting; any funding interest would concern the two specific remaining actions, evaluated on their individual facts regarding the specific website-tracking technology at issue, the applicable wiretapping or electronic-communications statute, and the plaintiff-specific interaction history with the defendants' websites. Website-wiretapping claims of this kind are a growing but still-developing statutory category, with case law on consent and interception standards continuing to develop across jurisdictions.

As a statutory-privacy matter, medical-lien considerations do not apply. For a claimant or firm with one of the two remaining claims in this docket, Criterica Capital's commercial litigation finance line can evaluate the matter individually, though the small scale here does not support a portfolio approach. A structural brief on this narrow docket is available through Criterica Intelligence.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.