C-SPAN Scores Win On Motion To Dismiss VPPA Claim

Summary

A federal judge granted C-SPAN's motion to dismiss a proposed class action accusing the nonprofit public affairs network of sharing information about website visitors' video viewing habits via a tracking pixel in violation of the Video Privacy Protection Act (VPPA).

The Upshot

• In Horan, et al. v. National Cable Satellite Corporation, U.S. District Judge Beryl Howell determined that the plaintiffs were not "consumers" protected by the VPPA and that C-SPAN did not disclose "personally identifiable information" (PII) by using Meta Pixel on its website.
• There is disagreement among circuit courts over the definitions of "consumer" and "PII" under the VPPA.
• The U.S. Supreme Court has agreed to hear a case relating to the definition of consumer but has denied two petitions to review Second Circuit decisions regarding the definition of PII.