The 9th U.S. Circuit Court of Appeals took a narrow view of what it means to be a videotape service provider under the Video Privacy Protection Act (VPPA) in an opinion Thursday in a case where a cinema shared a customer's information with Facebook. In the case, 23-3832, plaintiff Paul Osheske claimed Landmark Theater violated the VPPA.
VPPA Lawsuits
The Video Privacy Protection Act (VPPA), originally passed in the VHS era, is being used to sue websites and applications such as Meta and TikTok that track and share viewing data. Plaintiffs claim these tools transmit personally identifiable information without proper consent. Courts are divided on how the VPPA applies to modern web behavior, creating uncertainty for publishers and adtech providers. This page follows key lawsuits, legal interpretations, and compliance risks tied to VPPA claims.
NEW YORK CITY -- U.S. data privacy regulation is “constantly evolving,” said Daniel Rosenzweig, a privacy attorney and founder of DBR Data Privacy Solutions. Regulators are focused on whether companies are operationalizing legal requirements and honoring their public statements, he told the Interactive Advertising Bureau's Signal Shift event Thursday.
The NBA filed a petition for a writ of certiorari on Friday asking the U.S. Supreme Court to review a decision from the 2nd U.S. Court of Appeals that the basketball league said unfairly expanded the scope of the Video Privacy Protection Act (VPPA) of 1988.
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.