The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more
Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more
Video Privacy Protection Act (VPPA) class action lawsuits have been on the rise, and the owner of the The Onion, a popular satire site, finds itself the subject of a recent one. On May 16, 2025, a plaintiff-initiated...more
As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more
Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more
A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more