Multi-State Team Obtains Dismissal of Class Action Lawsuit Under Video Privacy Protection Act for Digital Media Provider

July 2023

Partners Damon WrightClair WischusenHannah Brown, and Sean Flaherty obtained dismissal from the U.S. District Court, Southern District of California of a class action lawsuit under the Video Privacy Protection Act (“VPPA”) on behalf of a digital media provider. 

In this case, the plaintiff alleged that Gordon & Rees' client violated the VPPA by installing the Facebook tracking pixel on its website, causing the plaintiff’s personal identifying information to be transmitted to Facebook when he clicked on articles containing videos. The team moved to dismiss on multiple bases, and ultimately, the Court agreed with the team that the plaintiff was not a “consumer” under the VPPA because he did not rent, purchase, or subscribe to any goods from a video tape service provider. The Court rejected the plaintiff’s argument that his purchase of products advertised on the client’s website by third parties was sufficient to qualify the plaintiff as a “consumer” under the VPPA. The Court dismissed the action with prejudice, resulting in an impressive win in a developing area of law.