Recent Developments in VPPA Litigation: Where We Were, Where We Are, and Where We’re Going

VHS rental stores may be long gone, but the Video Privacy Protection Act (VPPA)—a law born in that era—remains surprisingly relevant. Today, courts across the country are wrestling with how the VPPA applies to modern digital platforms, leading to conflicting decisions and a growing split among federal appellate courts.[1] Recent cases have also produced mixed results on class certification, making the VPPA landscape more unpredictable than ever.[2]

After providing background on the VPPA, this client alert will (1) provide a historical overview of the VPPA landscape; (2) detail recent cases and their impact on VPPA litigation; and (3) discuss possible developments and doctrinal trends in VPPA litigation in the near future.

Where We Were: Background on the VPPA and the New Wave of Litigati