The U.S. District Court for Southern New York ruled Tuesday that media company Springer Nature cannot dismiss a class-action complaint over alleged violations of the Video Privacy Protection Act (VPPA). The defendant argued the plaintiff fails to state a claim for relief under the act because Springer Nature is not a video tape service provider nor do they plaintiffs’ qualify as consumers under the VPPA.
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The U.S. Court of Appeals for the D.C. Circuit appeared poised to side with the Washington Examiner and have a more narrow reading of the Video Privacy Protection Act of 1988 after oral argument Thursday in a case alleging violation of the VPPA.
Gambling platform DraftKings asked the U.S. District Court for Southern New York to dismiss a case against it Friday, arguing the complaint in case 24-05997 oversteps the Video Privacy Protection Act (VPPA).
A federal judge for the U.S. District Court for Northern Georgia on Thursday granted class-action status to a plaintiff who alleged that health and medical corporation WebMD violated the Video Privacy Protection Act (VPPA) by disclosing video-viewing information to Meta Platforms. WebMD had argued that class certification should not be granted because the proposed class is not adequately defined or ascertainable and that individual privacy settings impede the commonality requirement.
LinkedIn was hit with a class-action lawsuit Monday in the U.S. District Court for Northern California for allegedly disclosing personally identifiable information (PII) and video viewing activity to Facebook without users’ consent, in violation of the Video Privacy Protection Act (VPPA).
New technologies such as the use of pixels have led to a surge -- beginning in 2022 -- of litigation involving older privacy laws because newer legislation lacks a private right of action, privacy lawyers said during a webinar Wednesday.
Privacy Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The number of cases alleging violations of the 1988 Video Privacy Protection Act has risen in recent years and seems likely to continue to grow after an October decision by the 2nd U.S. Circuit Court of Appeals, privacy lawyers said in interviews. The VPPA was intended to protect the privacy of an individual’s video store rentals. However, in the past decade or so, its reach has widened to include streaming services, said Matthew Wolfe, a Shook Hardy privacy attorney.
Twenty-five privacy decisions from October to December show a significant uptick in the number of pixel-based court rulings on wiretapping issued nationwide, according to Husch Blackwell’s Dustin Taylor and Owen Davis in their monthly data privacy litigation report Monday. Ten of the decisions cited in the report were about pixel-wiretapping decisions: four on chat-wiretapping decisions, four on secure reliable transport-wiretapping, five on pen registry/tap and trace decisions and two on Video Privacy Protection Act (VPPA) decisions.