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 identifiable information that is defined as including information that identifies a specific individual as having requested or obtained video materials or services. The Court denied Hulu’s motion for summary judgment as to alleged disclosures of video viewing associated with the Facebook “Like” functionality on Hulu’s website. See Alston & Bird’s Client Alert titled Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims for a full analysis.
Written by Dominique Shelton, Partner, Litigation & Trial Practice Group | Alston & Bird LLP