Split Decision: The Video Privacy Protection Act Circuit Clash

Litigation attorney Stosh Silivos and data privacy attorneys Sophie Kletzien and Brandon Lewis co-authored an article for the Media Law Resource Center's MediaLawLetter related to the Video Privacy Protection Act (VPPA). In October 2024, the U.S. Court of Appeals for the Second Circuit adopted a broad interpretation of the term "consumer" under the VPPA, therefore expanding potential liability. Since that decision, other federal appellate courts have weighed in and created a circuit split that may be headed for the U.S. Supreme Court. In the article, Mr. Silivos, Ms. Kletzien and Mr. Lewis expound on the cases that have created the split – Salazar v. NBA, Gardner v. MeTV and Salazar v. Paramount Global – and share key takeaways to help business navigate the uncertain territory.

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