Hulu Subscribers Have Standing Under Video Privacy Protection

The Northern District of California recently held that a proposed class action has sufficiently stated a claim under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710(b)(1), against defendant Hulu. The Video Privacy Protection Act was established to punish "video tape service providers" (defined below) who knowingly disclose to any person, personally identifiable information concerning any "consumer" (defined below). 18 U.S.C. 2710 (b)(1). Any person aggrieved by any act of a person in violation of the VPPA may be awarded actual damages, not less than liquidated damages in an amount of $2,500, punitive damages, reasonable attorneys' fees and costs, and "such other preliminary and equitable relief as the court determines to be appropriate." 18 U.S.C. 2710 (c). While this language may lead one to believe that the VPPA applies only to the video store down the street, think again.