New Obstacles For VPPA Plaintiffs At 9th Circ.

Law360, New York (December 14, 2017, 11:45 AM EST) -- On Nov. 29, 2017, in Eichenberger v. ESPN Inc., a three-judge panel of the Ninth Circuit unanimously affirmed the dismissal of a putative class action lawsuit alleging that ESPN had disclosed users’ “personally identifiable information” to a third-party analytics company (Adobe Analytics) in violation of the Video Privacy Protection Act.[1]

Subject to certain exceptions (including consent), the VPPA makes it unlawful for a “video tape service provider” to “knowingly” disclose “personally identifiable information concerning any consumer” to third parties.[2] The Ninth Circuit’s decision includes two key...
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