Analysis

CNN Video Data Win Leaves Spokeo Door Open For App Users

Law360, New York (April 27, 2017, 10:14 PM EDT) -- The Eleventh Circuit on Thursday gave another boost to mobile apps' ability to skirt video privacy claims by nixing a proposed class action brought by a CNN app user, but its refusal to find that the U.S. Supreme Court's Spokeo ruling bars the allegations from being brought in the first place leaves subscription-based services vulnerable to litigation.

In a 15-page published decision, the appellate panel affirmed the lower court's conclusion that plaintiff Ryan Perry could not continue with his claims that CNN violated the Video Privacy Protection Act by sharing his video-viewing data with data analytics provider Bango, finding that Perry...

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