Court Dismisses HGTV VPPA Suit, Rules Plaintiffs Aren't Subscribers
A putative class action complaint about Scripps Network's HGTV violating the Video Privacy Protection Act alleges concrete harm and the plaintiffs have standing, but it doesn't plausibly allege plaintiffs’ newsletter subscriptions made them “subscribers” under the VPPA, so the plaintiffs…
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aren't eligible to bring a VPPA claim, said the U.S. District Court for the Southern District of New York in an opinion Monday (docket 22-cv-2031). Siding with HGTV's motion to dismiss, the court said the plaintiffs "were subscribers to newsletters, not subscribers to audio visual materials." Because of that, the court said, it doesn't need to address HGTV's argument that subscriber data transmitted to Facebook includes the type of identifying information that's actionable under the VPPA. Counsel for the platinff's didn't comment Tuesday.