No. 4:22-cv-02442 (N.D. Cal. Apr 20, 2022)
Firm: Jenner & Block
Issue Area: Consumer Protection
Jenner & Block is defending Meta (formerly named Facebook) in a class action lawsuit alleging that Facebook Live discloses users’ personally identifiable information without their consent.
In its motion to dismiss, Jenner argued not that Meta did not share users' data, but instead that the Video Privacy Protection Act does not cover videos streamed on Facebook Live. "Facebook Live, as the name suggests, broadcasts live events, which plainly are outside of the scope of the VPPA, which covers prerecorded material. The VPPA governs 'video tape service provider[s],' defined as those who engage in the rental, sale, or delivery of 'prerecorded video cassette tapes or similar audio visual materials.' 18 U.S.C. § 2710(a)(4) . . . . Because a live broadcast is the opposite of a prerecorded video cassette tape, Meta does not qualify as a video tape service provider under the VPPA in connection with the Facebook Live product. This is fatal to Plaintiff’s sole claim. The Court does not need to proceed any further and may dismiss the Complaint on this basis alone."