VPPA In Flux: Circuits Split On Who Counts As A VPPA "Consumer"

The question of who qualifies as a "consumer" under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner v. MeTV National Ltd. Partnership (7th Cir.) and Salazar v. Paramount Global (6th Cir.), with the Second Circuit having taken a similarly expansive position in Salazar v. NBA in October 2024, as we  previously reported. Together, these decisions tee up a critical interpretive battle over the VPPA's scope—one with significant implications for companies operating ad-supported streaming sites, video-enabled platforms, or even content-focused email newsletters.

This growing divide has immediate consequences for forum selection, compliance strategy, and motion practice in digital privacy litigation.