News & Analysis as of

Class Action Video Privacy Protection Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Pierce Atwood LLP

Federal Courts in the First Circuit Continue to Grapple with Privacy Class Action Claims

Pierce Atwood LLP on

In 2023, we discussed the uptick in data privacy and cybersecurity class action lawsuits; as expected, this trend has persisted throughout 2024 as plaintiffs continue to test new theories of liability and the boundaries of...more

Pierce Atwood LLP

Enforcing U.S. Consumer Data Privacy Laws Part 3: Private Litigation and Arbitration

Pierce Atwood LLP on

In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more

Robinson Bradshaw

Collegiate Sports Team Websites Are New Target in Privacy Class-Action Litigation

Robinson Bradshaw on

Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic team websites, Sidearm Sports...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

McGuireWoods LLP

Analog Law with Digital Teeth: Litigation Under the Video Privacy Protection Act and Potential Liability for Businesses

McGuireWoods LLP on

Over the past year, website operators have experienced a proliferation of lawsuits under the Federal Video Privacy Protection Act (“VPPA”), a Reagan-era statute prohibiting the nonconsensual disclosure of an individual’s...more

Sunstein LLP

Facebook Tracking Pixels are the basis for a new wave of privacy class action litigation

Sunstein LLP on

If your company posts videos on its website and uses a Facebook tracking pixel in them to transmit data to Facebook for advertising purposes, your company could find itself on the receiving end of a class action lawsuit....more

Baker Donelson

VPPA Claims Are on the Rise – Latest Trend in Consumer Privacy Class Action Litigation

Baker Donelson on

It's no secret that plaintiffs' firms have been developing legal theories relating to third-party software technologies used on websites. This includes a recent spike in lawsuits alleging that websites running the Meta...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Robinson+Cole Data Privacy + Security Insider

Chick-Fil-A Sued for Sharing Data through Meta Pixel

While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta...more

McDermott Will & Emery

The Next Frontier in Privacy Class Actions: Video Players, Session Replay and Chatbots

McDermott Will & Emery on

The Plaintiffs’ Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1) the Video Privacy Protection Act (VPPA),...more

Foley Hoag LLP - Security, Privacy and the...

Is the Video Privacy Protection Act a New Litigation Weapon for Consumers?

On September 19, 2022, a Massachusetts federal District Court denied Boston Globe Media Partners LLC’s motion to dismiss a consumer class action suit against it. This case is one of 47 proposed class actions filed since...more

Foley Hoag LLP - Security, Privacy and the...

Is the VPPA a New Litigation Weapon for Consumers?

On September 19, 2022, a Massachusetts District Court denied Boston Globe Media Partners LLC’s (the Globe) motion to dismiss a class action suit brought against it in what could be a boon for consumers’ demands to protect...more

Wiley Rein LLP

[Webinar] Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims - October 27th, 1:30 pm -...

Wiley Rein LLP on

Nearly 100 class actions have been filed against companies whose websites offer video services to consumers and that use tracking pixels to track consumers’ video viewing activity. The use of tracking pixels is an extremely...more

Akin Gump Strauss Hauer & Feld LLP

The 9th Circuit Adopts the “Ordinary Person” Standard for “Personally Identifiable Information” Under The Video Privacy Protection...

• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more

Sheppard Mullin Richter & Hampton LLP

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

Snell & Wilmer

Top Privacy Cases of 2016: Midyear Report

Snell & Wilmer on

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Morrison & Foerster LLP - Class Dismissed

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more

King & Spalding

Google Prevails In Privacy Case Before Third Circuit - But Court’s Decision May Leave Door Open For Future Video Privacy Suits

King & Spalding on

On June 27, the U.S. Court of Appeals for the Third Circuit, in a precedential opinion, rejected the allegation that Google and Viacom violated the Video Privacy Protection Act (“VPPA”) and federal and state wiretapping...more

BakerHostetler

First Circuit Subscribes to a Minority View: Free App Users Allowed to Proceed With Privacy Class Action Under the Video Privacy...

BakerHostetler on

In Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st Cir. Apr. 29, 2016), the First Circuit held that users of free mobile applications, or “apps,” can bring a claim against an online...more

Davis Wright Tremaine LLP

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2016 #2

New Jersey Statute Causing Uptick in Class Actions - Businesses in New Jersey are facing an influx of consumer class actions over common terms of service based on a plaintiff-friendly interpretation of a 36-year-old...more

Robinson+Cole Data Privacy + Security Insider

Users of free mobile apps not protected by Video Privacy Protection Act

Significantly, the Eleventh Circuit issued an opinion on October 9th that consumers who download and use free mobile apps do not fall within the definition of a “subscriber” under the Video Privacy Protection Act (VPPA)....more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

Mintz - Privacy & Cybersecurity Viewpoints

Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification

Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the...more

Carlton Fields

California District Court Denies Certification of Putative Class of Plaintiffs Alleging Violations of the Video Privacy Protection...

Carlton Fields on

The U.S. District court for the Northern District of California denied plaintiffs’ motion for class certification because the proposed class did not satisfy Rule 23’s ascertainability and predominance requirements. ...more

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