VPPA (Video Privacy Protection Act)

The Video Privacy Protection Act (VPPA), 18 U.S.C. 2710, was passed in 1988 after a newspaper published a Supreme Court nominee's video rental history. It says a "video tape service provider" may not knowingly disclose personally identifiable information about a consumer, meaning information that identifies a person as having requested or obtained specific video materials, unless an exception applies or the consumer gave informed written consent.

The law was written for rental stores, but courts have applied it to streaming services and websites that offer video content. The modern lawsuits usually involve tracking pixels. When a site embeds a tool like the Meta Pixel, the page can send the title of the video you watched, plus an identifier tied to your social media account, to a third party. Plaintiffs argue that is exactly the kind of disclosure the VPPA prohibits.

The damages are what make these cases significant. Under 18 U.S.C. 2710(c), a court may award actual damages but not less than liquidated damages of $2,500, plus punitive damages and attorneys' fees. Because the minimum applies per person, the exposure for a site with millions of viewers is large, which pushes many cases toward settlement. Class settlements, though, usually pay each person far less than $2,500 because the fund is shared.

Courts disagree on key questions, including who counts as a "consumer" (for example, whether a newsletter subscriber qualifies) and what counts as identifying information, so results vary by circuit. Learn more in our VPPA explainer, see the TED VPPA settlement, and read about health app data sharing claims that also involve tracking pixels.