Free Apps Shielded From Privacy Claims In 11th Circ. Ruling

Law360, New York (October 13, 2015, 10:07 PM EDT) -- The Eleventh Circuit's ruling Friday that consumers who use free mobile apps don't qualify as "subscribers" under the Video Privacy Protection Act significantly cuts down service providers' liability under the statute, and it is likely to encourage businesses to shift to free content delivery models to help avoid further exposure, attorneys say.

In a published opinion affirming that The Cartoon Network didn't violate the VPPA by disclosing information about users of its mobile app without their consent, the three-judge appellate panel tackled the simmering question of who qualifies as a "subscriber" under the decades-old statute.

By answering that a person who...

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