Video Privacy Protection Act

Court Finds Hulu Did Not “Knowingly” Disclose PII in Violation of VPPA, Grants Summary Judgment

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Ending a four-year battle that has helped define the parameters of the Video Privacy Protection Act’s (VPPA) application to new technologies, on March 31, 2015, Northern District of California Magistrate Judge Laurel Beeler dismissed with prejudice the In re: Hulu Privacy Litigation. In doing so, Judge Beeler found that there was simply no evidence that Hulu knowingly disclosed plaintiffs’ video viewing selections and personal identification information (PII) to a third party. Many companies and privacy professionals were following this case closely because of the significant potential exposure [...] Read more

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 [...] Read more

Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims

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Any company that hosts videos on their websites and uses analytics or includes a “Like” button or other social plug-in should pay very close attention to yesterday’s decision in In re Hulu Privacy Litigation Case case. As per Alston & Bird’s previous advisory, in the Hulu case, the named plaintiffs allege that Hulu wrongfully disclosed their video viewing selections and “personally identifiable information” to third parties comScore and Facebook in violation of the Video Privacy Protection Act (“VPPA”). The VPPA prohibits disclosures of personally [...] Read more

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

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Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In that case, the plaintiffs are seeking statutory damages of $2,500 per violation for alleged video sharing in violation of the Video Privacy Protection Act (VPPA). As there are millions of views per day on the Hulu site, the alleged statutory damages could represent [...] Read more

2013 Ends with a Bang – Northern District of California Court Denies Hulu’s Summary Judgment Motion in Video Tracking Case

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Many companies host videos on their websites or via mobile apps. They often use analytic companies/vendors to help them track whether the videos are in fact viewed and other information about site usage. This is precisely the issue at the core of the case titled In re Hulu Privacy Litigation, pending in the Northern District of California. In a December 20, 2013 decision, the Northern District of California held that under the Video Privacy Protection Act (“VPPA”), plaintiffs have no obligation to provide evidence of injury above and beyond the statutory violation of alleged knowing [...] Read more