Paramount Decision: Sixth Circuit Upholds Dismissal Of VPPA Claims

In Sum:

• The VPPA is now being used to sue online companies.
• The Sixth Circuit agreed to dismiss Plaintiff's VPPA claims because he was not a "consumer" within the meaning of the privacy statute.
• Courts across the country are split as to what constitutes a "consumer" under the VPPA.

Introduction

On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff's Video Privacy Protection Act ("VPPA") lawsuit brought against Paramount Global ("Defendant"). In Salazar v. Paramount Global, Mr. Salazar ("Plaintiff") alleged that Defendant violated the VPPA by knowingly disclosing: 1) his personally identifiable information ("PII"); and 2) data containing the videos and corresponding webpages that Plaintiff accessed (collectively, "Personal Viewing Information") to a third party without his express consent. As compensation for the alleged harm, Plaintiff sought statutory damages and injunctive relief, together with reasonable