VPPA

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For this Cyber Monday, we are looking at one of the hot topics in data-privacy and cybersecurity litigation: the Video Privacy Protection Act. Recent years have seen an uptick in lawsuits asserting violations of the VPPA by companies that host video content on websites or mobile apps and then share information about the individuals who watched those videos with other businesses. While the companies have experienced some success in getting VPPA claims dismissed, the Second Circuit recently reinstated a putative class action asserting VPPA violations against the NBA that may breathe new life into VPPA claims. Salazar v. National Basketball Association, No. 23-1147 (2d Cir. Oct. 15, 2024). But is the worry about VPPA class actions overblown?Continue Reading Video Privacy Protection Act Claims – Maybe Not a Slam Dunk After All

Over the past year, there have been a growing number of lawsuits, including class actions, filed against website operators in various states — including California, Florida, Illinois, and Pennsylvania — for violations of state wiretapping laws or the Video Privacy Protection Act of 1988 (VPPA).

At a high level, these wiretapping lawsuits claim that the website intercepts website user and visitor information via session replay technology and other tracking technology in violation of certain state wiretapping laws. The states in which…

Continue Reading Increasing Litigation Related to Website Technology and Data Sharing