Golden v. NBCUniversal Media, LLC
1:22-cv-09858
| S.D.N.Y. | Nov 27, 2024Background
- Sherhonda Golden sued NBCUniversal Media, LLC ("NBCU") under the Video Privacy Protection Act ("VPPA") and for unjust enrichment under state law.
- The district court originally dismissed Golden's VPPA claim, ruling her free Today.com newsletter subscription did not make her a "subscriber" of video content under the VPPA.
- The dismissal of the VPPA claim, the sole federal claim, led the court to decline supplemental jurisdiction over her state law unjust enrichment claim.
- While Golden's appeal was pending, the Second Circuit issued a decision in Salazar v. Nat’l Basketball Ass’n clarifying "subscriber" status under the VPPA.
- The court was asked to issue an indicative ruling under Fed. R. Civ. P. 62.1 regarding whether Salazar's holding would change its prior dismissal.
- The court found that, based on Salazar, Golden plausibly alleged VPPA subscriber status through her exchange of personal information for a digital newsletter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a free newsletter subscription makes Golden a VPPA "subscriber" | Golden is a VPPA subscriber by exchanging personal info for access | Free newsletter does not make Golden a subscriber to video content | Yes; after Salazar, such exchange pleads VPPA subscriber status |
| Reconsideration based on intervening law | Salazar ruling requires reconsideration and remand | Case should proceed on appeal; opposes indicative ruling | Indicative ruling granted—would vacate dismissal if remanded |
| Dismissal of supplemental state law claims | Not a focus since federal claims revived | State law claims moot after VPPA dismissal | Does not address—drops state law claim for now |
| Applicability to mobile and web access | Mobile/web app use also satisfies subscriber status | Disagrees VPPA applies to either context | Court signals Salazar logic extends to apps as well |
Key Cases Cited
- Salazar v. Nat'l Basketball Ass'n, 118 F.4th 533 (2d Cir. 2024) (held that exchanging personal info for a newsletter can create "subscriber" status under VPPA)
- Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010) (if federal claims dismissed before trial, state claims should be dismissed as well)
- Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245 (2d Cir. 1992) (an intervening change of controlling law justifies reconsideration)
- Griggs v. Provident Consumer Discount Co., 459 U.S. 56 (1982) (filing a notice of appeal divests district court of jurisdiction over appealed matters)