After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act are now back in reruns. More than 100 putative class actions alleging violations of the VPPA have been filed against publishers that use the Meta pixel on their websites.

It remains to be seen whether these lawsuits will survive evaluation on the merits. This will depend on how courts apply a number of definitions set forth in the law. In the meantime, publishers should review their use of the Meta pixel on webpages that feature video content and heed the litigation as a lesson in complying with a growing patchwork of privacy laws that can apply to a single data processing activity.

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Photo of Meredith Halama Meredith Halama

Meredith Halama serves as an authority on online and mobile advertising practices.

Photo of Nicola Menaldo Nicola Menaldo

Nicola Menaldo represents and counsels technology and retail clients on a wide range of issues central to their business needs.

Photo of Charles Sipos Charles Sipos

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado…

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado, the District of Columbia, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Oregon, Washington, and the U.S. Courts of Appeals for the Second, Seventh, Ninth, and Eleventh Circuits. Charles’ litigation successes have included dismissals and summary judgment based on lack of Article III injury, statutory standing under consumer protection laws, federal preemption, primary jurisdiction, failure to allege damages, First Amendment protection for commercial speech, the “reasonable consumer” standard, and related defenses.

Photo of James G. Snell James G. Snell

James Snell represents and counsels clients on a wide range of complex commercial matters, including privacy and security, Internet, marketing and intellectual property litigation and matters.

Photo of Stephanie Duchesneau Stephanie Duchesneau

Stephanie Duchesneau is in the Privacy & Security practice at Perkins Coie.