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VPPA Corporate Counsel

Husch Blackwell LLP

U.S. Privacy Litigation Update: September 2024

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Keypoint: California state courts weigh in on what does, and does not, qualify as a “pen registry” or “tap and trace” device while one California federal court raises whether a wiretapping claim can also allow for a CCPA...more

Clark Hill PLC

“VPPA Is No Dinosaur Statute” – Second Circuit Breathes New Life Into Federal Video Privacy Protection Act

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“Our modern means of consuming content may be different, but the Video Privacy Protection Act (“VPPA”)’s privacy protections remain as robust today as they were in 1988,” wrote Second Circuit Judge Beth Robinson in the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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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

Proskauer on Privacy

Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

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Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the...more

Baker Botts L.L.P.

Patreon Settles VPPA Lawsuit for $7.2 Million: A Cautionary Tale for Digital Platforms

Baker Botts L.L.P. on

Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Coblentz Patch Duffy & Bass

Plaintiffs Continue Website Privacy Lawsuits Using 35-Year-Old Statute

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

Husch Blackwell LLP

Privacy Litigation Update: SDNY Dismisses Video Privacy Protection Act Claim

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Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...more

Husch Blackwell LLP

Privacy Litigation Update: Plaintiffs Assert VPPA Claims Against Fast-Food Restaurant

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Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies. Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more

Fenwick & West LLP

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

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Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

Proskauer - New Media & Technology

Mobile App VPPA Suit Survives Spokeo Standing Challenge

In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more

Davis Wright Tremaine LLP

Definition of “PII” Under VPPA Continues to Evolve with 3rd Circuit Ruling

On June 27, 2016, the U.S. Court of Appeals for the Third Circuit became the latest appellate court to weigh how the Video Privacy Protection Act (VPPA or “the Act”) – a 1988 statute meant to protect consumer privacy by...more

Proskauer - New Media & Technology

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

WilmerHale

Third Circuit Tackles New VPPA and Other Privacy Questions in In re Nickelodeon Consumer Privacy Litigation

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The Third Circuit Court of Appeals handed the defendants a partial victory in In re Nickelodeon Consumer Privacy Litigation on June 27. While its decision last year in In re Google Inc. Cookie Placement Consumer Privacy...more

Davis Wright Tremaine LLP

Supreme Court’s “Standing” Ruling in Spokeo and Its Impact on Pending and Future Litigation

The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action based on an alleged...more

Nossaman LLP

Consumer VPPA Class Action Against CNN Dismissed

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The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

Davis Wright Tremaine LLP

“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the Question of What is PII Unresolved

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more

Proskauer - New Media & Technology

Video Privacy Protection Act Narrowed – App’s Transmission of Roku ID Not Disclosure of Personal Information

A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more

Kelley Drye & Warren LLP

Applying the Video Privacy Protection Act to Online Streaming

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

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