Second Circuit Clarifies Video Privacy Protection Act

The U.S. Court of Appeals for the Second Circuit reinstated a proposed class action by Michael Salazar against a professional sports organization on Oct. 15, 2024, alleging violations of the Video Privacy Protection Act (VPPA). The decision clarifies key aspects of the VPPA, specifically regarding what it means to be a “subscriber of goods or services” under the act, and broadens the scope of potential VPPA claims against commercial websites. The Second Circuit’s decision is notable in that it signals a reversal of the recent trend of dismissals of VPPA claims in courts across the country and could trigger a significant increase in VPPA lawsuits. Although organizations have grappled with VPPA claims for several years, this decision is another red flag to organizations to take immediate steps and ensure compliance with privacy laws to mitigate the risks of VPPA claims.