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ARTICLE · 24 APRIL 2025

VPPA Lawsuit Against Major Video Game Studio Dismissed

As our readers are aware, a flurry of eavesdropping lawsuits have been filed in the wake of the Ninth Circuit decision in Javier v. Assurance IQ, LLC. A common refrain is that businesses are illegally gathering data by tracking and recording consumer website activity without consent.

United StatesPrivacy

On April 2, 2025, the United States District Court for the Northern District of California granted Defendant's Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged that Defendant violated the Video Privacy Protection Act ("VPPA") and California Invasion of Privacy Act ("CIPA") by: 1) disclosing their personally identifiable information ("PII") to a third party; and 2) enabling this third party to intercept their communications with Defendant without their knowledge or consent. As compensation for the alleged harm, Plaintiffs sought statutory damages and injunctive relief, together with reasonable attorneys' fees and costs. Among its other findings, the Court ruled that Plaintiffs had, in fact, provided their consent to the subject capture and disclosure of their personal information. Because consent is a complete defense to the various privacy claims alleged by Plaintiffs, the Court dismissed their VPPA

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