The 1988 Video Privacy Protection Act (VVPA) prohibits the disclosure of VHS rental history; now, in a recent class action where the VPPA was invoked by the plaintiffs, the parties’ voluntary settlement signals developments...more
While many systems that are described as AI have been around for decades (e.g., internet search engines), today’s AI tools are much more powerful and are widely accessible. Generative AI and agentic AI extend the power of...more
The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more
On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more
Enacted in 1988, the Video Privacy Protection Act (VPPA) was intended to regulate the then-booming videotape industry by limiting how video rental and sales data is disclosed. The law was enacted in direct response to the...more
The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more
The Second Circuit recently issued a ruling in a class action under the Video Privacy Protection Act (“VPPA”) that departs considerably from other federal courts on several key issues. The Court’s recent decision in Salazar...more
The New England Patriots have found themselves on the receiving end of a purported class action lawsuit alleging a violation of the Video Privacy and Protection Act (“VPPA”). Congress enacted the VPPA in 1988 in response to a...more
Plaintiffs look to the past to take action against modern web tracking - As states rapidly enact new consumer privacy legislation, businesses have been working tirelessly to comply with extensive new data protection...more
Keypoint: The past two months have seen many courts dismiss privacy claims as judges appear to be more critical of plaintiffs’ theories while other judges have allowed cases to proceed past the motion to dismiss stage....more
This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication...more
Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no audio-visual content, that...more