Jean Mooney’s “Defending Claims Under the Video Privacy Protection Act“ Featured in Westlaw Today

Jean Mooney’s article “Defending claims under the Video Privacy Protection Act” was recently published in Thomson Reuters’ Westlaw Today. Taking note of recent lawsuits filed against companies whose websites use Facebook’s Tracking Pixel, a piece of code that tracks users’ activity on a website, Jean gives insight into the Video Privacy Protection Act (VPPA) and suggests a practical approach for defending against VPPA class actions.

The VPPA was enacted by Congress in 1988 as a result of a Washington newspaper exposing a list of movies rented by Judge Bork. The legislation aims to protect the privacy of personal information regarding the rental or purchase of videos and prohibits disclosure of such information by a video tape service provider. A “video tape service provider” is defined as any person engaged in the business of “rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials.” In recent VPPA litigation, plaintiffs have tried to broaden the purview of service providers to include any business with any prerecorded content on its website. 

Last year’s influx of class action complaints centered around the alleged unauthorized disclosure of consumers’ personal information by companies utilizing the Facebook Pixel on their websites. These class action litigators have sought to capitalize on the $2,500 per violation statutory damages of the VPPA. Jean explains the risks associated with filing a motion to dismiss in this unsettled area of law, and highlights potential arguments for summary judgment. She also shares what she anticipates will be the future of VPPA litigation.

The full article can be found below.

Defending Claims Under the Video Privacy Protection Act