132 F.4th 1022
7th Cir.2025Background
- Plaintiffs (Gardner and Merchant) registered with MeTV’s website, providing personal data (email and zip code) in order to access personalization features, while still being able to watch videos for free.
- MeTV embeds a "Meta pixel" in its videos, allegedly sharing viewer information (including video titles watched) with Facebook, without obtaining plaintiffs’ consent.
- Plaintiffs allege this practice violates the Video Privacy Protection Act (VPPA, 18 U.S.C. §2710), particularly its prohibition on disclosure of personally identifiable information by a “video tape service provider” about “consumers.”
- District court dismissed plaintiffs’ complaint, holding they are not “consumers” under the Act because anyone can watch videos without supplying personal information.
- Plaintiffs appealed, arguing that by providing information in exchange for personalized services, they qualify as “subscribers” and thus “consumers” under the VPPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are plaintiffs "consumers" as "subscribers" under VPPA? | Exchanged data for services, are subscribers | Only paying subscribers qualify; free users don't | Providing valuable data is enough to be a subscriber |
| Does the VPPA cover all subscriptions from a video provider? | Yes; any subscription from a provider counts | Only video-related services should count | Any subscription or purchase from the provider counts |
| Statute's language vs. Congressional intent | Statute’s text controls | Intent to protect only narrow group | Text of the statute governs |
| Sufficiency of the complaint on motion to dismiss | Adequately pleads VPPA violation | Not a “consumer,” so no claim | Complaint survives motion to dismiss |
Key Cases Cited
- Salazar v. National Basketball Association, 118 F.4th 533 (2d Cir. 2024) (providing valuable data can make a user a "subscriber" under the VPPA)
- Yershov v. Gannett Satellite Information Network, Inc., 820 F.3d 482 (1st Cir. 2016) (downloads/use of a video app can confer "subscriber" status)
- Ellis v. Cartoon Network, Inc., 803 F.3d 1251 (11th Cir. 2015) (interpretation of "subscriber" under the VPPA)
- Perry v. Cable News Network, Inc., 854 F.3d 1336 (11th Cir. 2017) (further interpretation of "subscriber" in VPPA context)