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ARTICLE · 13 MAY 2025

Second Circuit Narrows VPPA's Scope In Solomon v. Flipps Media, Inc.

Frankfurt Kurnit Klein & Selz PC
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In recent years, there has been a wave of lawsuits alleging violations of the Video Privacy Protection Act ("VPPA"), targeting content providers for allegedly sharing users' video...

United StatesPrivacy

In recent years, there has been a wave of lawsuits alleging violations of the Video Privacy Protection Act ("VPPA"), targeting content providers for allegedly sharing users' video viewing history data with third parties via website tracking pixels (e.g., the Meta and TikTok pixels). The Second Circuit previously seemed receptive to these claims. Notably, last October, in Salazar v. National Basketball Ass'n, 118 F.4th 533 (2d Cir. 2024), the Second Circuit took a very broad view of the term "consumer" under the VPPA, and expanded the group of plaintiffs with standing to sue.

However, this week, the Second Circuit pulled back significantly in Solomon v. Flipps Media, Inc., No. 23-7597-CV, 2025 WL 1256641 (2d Cir. May 1, 2025), holding that "personally identifiable information" ("PII") under the VPPA only includes information that would allow an ordinary person—not just sophisticated technology companies—to identify an individual's video-viewing behavior.

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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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