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
In this post: (1) Website tracking litigation risk remains as SB 690 is designated “two-year bill”; (2) Second Circuit reinforces narrower interpretation of PII to “shut the door for Pixel-based VPPA claims”; (3) Courts...more
Over the past several years, class action litigants have flooded federal dockets with Video Privacy Protection Act (VPPA) cases against companies that embed Facebook’s Pixel tool on their websites. The plaintiffs have...more
The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more
The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on October 15, 2024, alleging violations of the Video Privacy Protection Act...more
Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more
Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more
Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more
Anyone following trends in consumer class action litigation will know that consumer privacy was a primary focus of the plaintiff’s bar in 2023. And there are no signs this uptick in consumer privacy claims is slowing any time...more
In 1988, Congress enacted the Video Protection Privacy Act (“VPPA”) in response to the confirmation hearing of Judge Robert Bork, where his video rental history was disclosed during his Supreme Court confirmation hearing....more
In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more
In a much anticipated decision in the class action In re Hulu Privacy Litigation, U.S. Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California has shed new light on the meaning of...more