Privacy Partner Dominique Shelton Authors Privacy Advisor Article on Hulu VPPA Case

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Dominique Shelton, partner in Alston and Bird’s Privacy & Data Security practice and member of the Litigation and Trial Practice group, authored an article appearing on June 19 in International Association of Privacy Professionals’ (IAPP) Privacy Advisor titled, “Court Denies Class-Action in Hulu Case, But There’s More.” In the article, Shelton discusses the Hulu consumer class-action case that has been ongoing since July 2011. Shelton points out that any company that hosts video content on its website or mobile app and includes a “Like” button or other social networking plug-in should be following this case. The issue at-hand is whether or not the technology associated with the “Like” button constitutes a violation of the Video Privacy Protection Act (VPPA) by disclosing users’ viewing habits without their consent. Because this case touches so many companies, it is an important one to follow. The case resurfaced in the news this week because the court denied the plaintiffs’ putative class-action lawsuit, without prejudice.

For more coverage of this case, see Alston & Bird’s Client Alerts titled:

• “The Northern District of California Denies Class Certification without Prejudice on Grounds Class Not Ascertainable” – June 19, 2014

• “Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims” – April 29, 2014

• “Northern District of California to Decide in the In re Hulu Privacy Litigation Whether Disclosing Anonymized Data to a Web Analytics Company and Use of the Facebook “Like” Button Violate the Video Privacy Protection Act” – February 27, 2014

• “2013 Ends with a Bang – Northern District of California Denies Hulu’s Motion for Summary Judgment in Video Tracking Case” – January 7, 2014

Written by the Privacy & Data Security Team | Alston & Bird LLP