Last month, a defendant won dismissal of a putative VPPA class action when the court concluded that the defendant’s use of online videos was not central to the defendant’s business, and the VPPA therefore did not apply. Another court has now reached the same result. See Cantu v. Tapestry, Inc., 3:22-cv-01974 (S.D. Cal. July 10, 2023). This trend highlights the limits of the VPPA’s reach and provides forceful grounds for future motions to dismiss and demand letter responses.Continue Reading Another Court Dismisses VPPA Class Action Because Defendant’s Online Videos Were Only a Peripheral Part of Its Business
Daniel Rios
Daniel Rios is a commercial litigator with a wide-ranging complex litigation practice representing clients in class actions and other high-stakes disputes. He handles a variety of matters, including consumer protection, business tort, breach of contract, and other commercial claims. He has substantive experience at multiple stages of litigation, including pleadings, technical fact discovery, discovery motions, ADR, and appeals.
Recent Decision Dismissing VPPA Class Action Claim Shows Limits of VPPA’s Reach
In the past year, plaintiffs have filed a wave of lawsuits asserting claims under the Video Privacy Protection Act (“VPPA”) in connection with the alleged use of third-party pixels on websites that offer video content. A recent decision establishes the limits of the VPPA’s reach and provides a well-reasoned ground for future motions to dismiss.Continue Reading Recent Decision Dismissing VPPA Class Action Claim Shows Limits of VPPA’s Reach