The Video Protection Privacy Act: Risks And Considerations When Enabling A “Like” Button On Web-Based Video Content
3 October 2014
Mayer Brown Legal Update
In a recent seminal decision in the action In re: Hulu Privacy Litigation (“Hulu”), No. C 11-03764 LB (N.D. Cal. filed June 17, 2014), the Northern District of California denied class certification, without prejudice, to a putative class alleging that, when they pressed a “Like” button enabled on Hulu’s web-based video viewing page, Hulu disclosed their video selections and personal information to Facebook in violation of the Video Privacy Protection Act of 1988 (the “VPPA”), 18 U.S.C. § 2710. In denying class certification, the Hulu court left open the prospect of certifying a refined class (or subclasses) and it has set a briefing schedule and hearing date for the plaintiffs’ renewed motion for class certification.