News & Analysis as of

VPPA

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its...more

SCOTUS Won’t Slime Viacom in Class Action Challenging Tracking Children Online

by Jackson Lewis P.C. on

A class action alleging Viacom illegally obtained and disclosed personally identifiable information from children under the age of thirteen through the Nickelodeon website recently reached the end of line (almost) when the...more

Summary of the FTC’s 12/7 Workshop on Smart TV and Thoughts for the Future

by WilmerHale on

What are the promises and potential privacy pitfalls when you take an old-fashioned television and connect it to the Internet? On December 7, 2016, the FTC hosted the final installment its Fall Technology Series in an effort...more

Fenwick Privacy Bulletin - Fall 2016

by Fenwick & West LLP on

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

How to Avoid Risk When Renting, Selling or Streaming Video Content

by Bryan Cave on

The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an...more

Gannett Cannot Escape Privacy Suit Over USAToday App

by King & Spalding on

On Friday September 2, the United States District Court for the District of Massachusetts ruled against Gannett Company, Inc. (“Gannett”) in a case where Gannett allegedly violated the Video Privacy Protection Act (“VPPA”) by...more

Advertising Law - September 2016 #3

Consumer Groups Urge FTC Action on Influencers - Consumer groups are urging the Federal Trade Commission to review comments by social media influencers for possible violations of the agency's guidance regarding...more

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

VPPA Suit Over Sharing Users’ Video-Viewing Data Continues as Gannett’s Motion to Dismiss Is Denied

by Reed Smith on

In a case demonstrating the ongoing difficulties of applying the Spokeo decision to interpret injury-in-fact, a Massachusetts federal court last week denied a motion to dismiss by USA Today parent company, Gannett Satellite...more

"Privacy & Cybersecurity Update - July 2016"

In this edition of our Privacy & Cybersecurity Update, we discuss the revised Privacy Shield and what companies should be doing to prepare for the new program, the FTC's reinstatement of its LabMD case, the European...more

Meteoric Rise Of Pokémon Go Spurs Privacy Concerns

by King & Spalding on

2.7 Million Dollar HIPAA Settlement –  Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996...more

The VPPA and PII: Is Geolocation Another Anonymous Identifier?

by WilmerHale on

Video Privacy Protection Act - This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of...more

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

Cybersecurity News & Notes – July 2016

In Case You Missed It: Ruling in FTC v. Amazon Suggests a Way Forward for Companies Responding to Actions Brought by the FTC after a Data Breach. The FTC’s recent actions in the realm of data security have been predicated on...more

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

Third Circuit Lets Google Give Cookies to Kids

by Genova Burns LLC on

Rarely does whether a child has a cookie rise to the level of a federal question. However, on June 27, 2016, in In re Nickelodeon Consumer Privacy Litigation, No. 15-1441, a panel of the Third Circuit Court of Appeals...more

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

by WilmerHale on

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

First Circuit panel significantly expands VPPA definitions

by DLA Piper on

The First Circuit Court of Appeals on June 7, 2016 denied a petition for rehearing en banc of a panel opinion with potentially significant consequences for providers of video services under the Video Privacy Protection Act of...more

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

by Davis Wright Tremaine LLP on

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

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

by Nossaman LLP on

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

The Supreme Court’s Spokeo Decision and its Potential Impact on Privacy and Data Security Class Actions

On May 16, 2016, the Supreme Court decided Spokeo, Inc. v. Robins, ruling that a plaintiff must sufficiently allege an injury that is both concrete and particularized in order to have Article III standing, and further that a...more

Supreme Court rules technical statutory violations do not establish standing without actual injury

by Dentons on

In a decision that will impact a consumer’s standing to bring a claim under a number of federal statutes that allow for significant statutory penalties, such as the Video Privacy Protection Act, the Stored Communications Act,...more

First Circuit Decision Increases Risks to Businesses Under VPPA

by Ropes & Gray LLP on

On April 26, 2016, the First Circuit handed down a plaintiff-friendly Video Privacy Protection Act (“VPPA”) decision offering potentially expansive definitions of “subscriber” and “personally identifiable information.” The...more

Mobile Apps – New Frontier of the Video Privacy Protection Act

by Pierce Atwood LLP on

The First Circuit Court of Appeals, in its recent decision in Yershov v. Gannett Satellite Information Network, Inc., breaks new ground, extending the reach of the Video Privacy Protection Act of 1988 (VPPA) to video content...more

Consumer VPPA Class Action Against CNN Dismissed

by Nossaman LLP on

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

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