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ARTICLE · 09 FEBRUARY 2026

Door Not "Shut" On VPPA Claims In Second Circuit When Data Is Legible

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Last year, the Second Circuit declared that the "door" was "effectively shut" on claims under the Video Privacy Protection Act ("VPPA") involving internet tracking tools like pixels.

United StatesPrivacy

Last year, the Second Circuit declared that the "door" was "effectively shut" on claims under the Video Privacy Protection Act ("VPPA") involving internet tracking tools like pixels. However, a recent decision from the Southern District of New York, Sutton v. TED Foundation, shows that the door remains ajar where data is disclosed in a plain, legible format.

Defendant TED is a non-profit that produces TED Talks. It operates a website and app where users can create free account to receive personalized video recommendations. The plaintiff alleges that TED uses third-party analytics tools from Leanplum, Mixpanel, and OpenWeb to collect personal information, such as names, email addresses, videos viewed, and user IDs.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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