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Class Action Lawsuits and the Video Privacy Protection Act: What You Need to Know

Published
Jan 07, 2023
Author
Shamis & Gentile, P.A.
What are your data protection and privacy rights_

Many businesses that use established tracking codes for their websites, such as Google Analytics or Meta Pixel Code (Facebook analytics), are at risk of violating the VPPA.

In short, this is because the data of users viewing videos on a business website has the potential to be collected and sent back to Google or Meta, thus tracking online video viewing habits without proper consent.

In the past few years many large companies have already been hit with lawsuits pertaining to this act from 1988, and many more are expected to follow. So what can businesses do to keep themselves safe from lawsuits?

About the Video Privacy Protection Act

The Video Privacy Protection Act (VPPA) is a federal law that protects the privacy of people who rent or purchase videos from video rental stores or online video services. But it also includes websites that simply host certain video content, and use third party tracking services that collect and share this viewing data.

The VPPA prohibits video rental and streaming companies from disclosing personal information about their customers, such as their rental or purchase history, without the customer’s consent. If a company is found to have violated the VPPA, it can be held liable for damages.

The VPPA also gives customers the right to sue companies that violate their privacy rights under the VPPA. If a company is found to have violated the VPPA, a court can award damages to the affected customers.

About Class Action Lawsuits

Not only does the VPAA open up for expensive and time consuming lawsuits, but also makes it possible for class action lawsuits. A class action lawsuit is a legal proceeding in which a group of people with a common interest in a legal case, called the “class,” can bring a claim to court together.

A class action lawsuit can be filed on behalf of a large group of people who have all been harmed in a similar way by the same person or company. The goal of a class action lawsuit is to get relief for the entire class, rather than just for the individual people who brought the case to court.

Class Action Lawsuits and the Video Privacy Protection Act

In the context of class action lawsuits, a group of people who have all been harmed in a similar way by a company’s violation of the VPPA can bring a class action lawsuit to court.

A class action lawsuit allows a large group of people to seek relief for their common injuries in a single legal proceeding, rather than each person having to bring their own individual lawsuit. If the class action lawsuit is successful, the court can award damages to the entire class of affected customers.

The VPPA provides a private right of action, which means that individuals can bring a lawsuit against a company that has violated their privacy rights under the VPPA. In a class action lawsuit, the class representative, or lead plaintiff, brings the lawsuit on behalf of the entire class of affected customers.

If the class action lawsuit is successful, the court can award damages to the class as a whole, as well as coverage for the fees and costs of the attorneys.

Final thoughts

Hopefully this has helped clear up any questions you might have about the various details concerning class action lawsuits and the Video Privacy Protection Act. However, this topic is highly complex, and could require professional help.

Stay one step ahead of the legal landscape with our expert guidance on the Video Privacy Protection Act. Do not risk falling foul of class action lawsuits. Contact our law firm today and let us help you navigate the complex regulations and protect your business. Schedule a consultation now and take the first step towards safeguarding your company.

Submit a Class Action Claim

Submit a class action claim today; there are no associated fees or expenses unless we manage to win the case on your behalf.