Christin McMeley, John D. Seiver and Bryan Thompson of David Wright Tremaine write:
Last week the Third and Eleventh Circuit Courts of Appeals assigned case numbers to the appeals of In re Nickelodeon Privacy Litigation and Locklear v. Dow Jones & Co., Inc., two recently dismissed class actions in which plaintiffs alleged violations of the Video Privacy Protection Act (“VPPA”). The district courts in both cases dismissed plaintiffs’ respective claims with prejudice, finding that they had not alleged sufficient facts that the defendants’ improperly disclosed users’ personally identifiable information (“PII”), as defined by the VPPA. In both cases the district courts found that information such as user IDs, gender, age, IP addresses, or persistent identifiers such as a device identifier, without more, do not identify individual persons and any videos he or she viewed.
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