NBA Video-Privacy Ruling Defies Class Action Dismissal Trend (1)

Oct. 21, 2024, 9:05 AM UTCUpdated: Oct. 21, 2024, 3:19 PM UTC

The Second Circuit’s ruling reinstating a proposed class action against the NBA under a 1980s federal video-privacy law likely bolstered cases in other courts and will encourage new complaints under the law.

The Oct. 15 ruling found that giving up personal information to receive a newsletter establishes a subscriber relationship under the Video Privacy Protection Act. That broadening of the statute could open the floodgates for new claims under the law and provide a lifeline to previously-dismissed VPPA cases centered on tracking pixel software created by Meta Platforms Inc. and Alphabet Inc.‘s Google, attorneys said.

The appellate ruling counters ...

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