While recent court decisions have added to a circuit split on the Video Privacy Protection Act (VPPA) of 1988 (see 2508190026), some have also introduced notable interpretations of how the statute should apply, privacy lawyers said in interviews with Privacy Daily.
This month's D.C. Circuit U.S. Court of Appeals decision in Pileggi v. Washington Newspaper further widened the circuit split on the Video Privacy Protection Act (VPPA), increasing the likelihood that the U.S. Supreme Court will review the 1988 federal statute, privacy lawyers said in interviews with Privacy Daily. The D.C., 2nd, 6th and 7th circuits have ruled on VPPA cases recently without much uniformity.
The federal jury decision earlier this month that Meta violated the California Invasion of Privacy Act (CIPA) illustrates how tracking technologies can pose serious risks if not responsibly deployed, said Ice Miller lawyers in a Monday blog post. The jury in Frasco v. Flo Health, Inc. found the social media platform intentionally eavesdropped on users of the health app Flo Health without consent and received sensitive data on users' menstrual cycles and reproductive health (see 2508040041).
It’s crunch time for the California legislature, with many privacy and AI bills nearing the finish line as lawmakers return from summer recess Monday. A few of the most potentially impactful measures for businesses cover universal opt-out preference signals, location privacy, automated decisions and so-called surveillance pricing, said privacy lawyers and consumer advocates in interviews with Privacy Daily this week.
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The 'ordinary person' standard is a commonsense approach to Video Privacy Protection Act (VPPA) cases that is gaining support from several U.S. Circuit Courts of Appeal, said Troutman Pepper lawyers in a Monday blog post. Most recently, the 2nd U.S. Circuit Court of Appeals' denial of an en banc review of its May 2025 ruling in Solomon v. Flipps Media bolstered the approach.
Meta faces a claim that it operates as a pen register device, prohibited under the California Invasion of Privacy Act (CIPA), after a federal court declined to drop the claim from a pixel tax-filing case Wednesday.
As privacy litigation under older laws has exploded, some have called for amending decades-old statutes often at the center of lawsuits so that they aren't applied to modern technologies. The California Invasion of Privacy Act (CIPA) in particular has been subject to more scrutiny as litigation has increased (see 2503030050).
Satirical news site The Onion asked a federal court Friday to drop a case against it alleging violations of the Video Privacy Protection Act (VPPA), on the grounds that the plaintiff lacks standing and because "courts are beginning to 'shut the door for Pixel-based VPPA claims.'” Case 25-05471 alleges the news site deployed a tracking pixel on its site that transmitted a subscriber's personally identifiable information (PII) to third parties without his prior knowledge or consent (see 2505200012).
A recently dismissed case involving the California Invasion of Privacy Act (CIPA) and email tracking shows courts are increasingly questioning whether the old statute applies to internet communications, said privacy lawyer David Klein in a blog post Friday. However, CIPA lawsuits will likely continue despite this growing trend, the Klein Moynihan attorney said.