The Second Circuit’s ruling reinstating a proposed class action against the NBA under a 1980s federal video-privacy law likely bolstered cases in other courts and will encourage new complaints under the law.
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The appellate ruling counters a growing trend over the past year of dismissals of VPPA cases invoking the law for digital services, which have surged in recent years.
There’s “no question” that “you’re going to see a lot more litigation now,” said Philip Yannella, partner at Blank Rome.
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But the ruling isn’t without limits, said Yannella. For instance, plaintiffs will still need to demonstrate some established relationship with the website, beyond just visiting it, to advance a claim.
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"NBA Video-Privacy Ruling Defies Class Action Dismissal Trend," by Cassandre Coyer and Tonya Riley was published in Bloomberg Law on October 21, 2024.
