PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Hulu’s attempt to dismiss privacy lawsuit fails

Posted on August 13, 2012 by pogowasright.org

Hulu’s attempt to dismiss a consolidated class action complaint alleging violations of the Video Privacy Protection Act (VPPA)  failed when federal Magistrate Judge Laurel Beeler denied their motion on Friday.

The lawsuit (previous coverage) is one of a few that were filed over the use of re-spawning cookies (“supercookies”).  In this case, the plaintiffs allege that their personally identifiable information was shared, without their knowledge or consent, with third parties that included online ad networks, metrics companies,and social networks such as Scorecard Research (“Scorecard”), Facebook, DoubleClick, GoogleAnalytics, and QuantCast.

Hulu’s arguments – all of which were rejected by the court – claimed that the plaintiffs did not have standing, a streaming service was not covered by the VPPA, and even if it was, the sharing of data was part of the firm’s “usual course of business,” and hence, did not violate the Act.

Their motion to dismiss also argued that the plaintiffs were not paid “subscribers” to their service. The VPPA talks about “consumers,” defined as renters, purchasers, or subscribers. Hulu argued – unsuccessfully – that the term “subscriber” should involve some payment, and since the plaintiffs hadn’t paid anything, they had no standing. The court disagreed.

In September 2011, Congressmen Markey and Barton asked the FTC to investigate the use of re-spawning cookies as a deceptive and unfair practice under the FTC Act. The FTC, however, has not taken any action that has been made public as of this date. .

In light of Hulu’s failure to get a dismissal of the lawsuit, can a settlement be far behind?

h/t, William McGeveran

Category: BreachesCourtFeatured NewsOnlineU.S.

Post navigation

← Google Fined for Illegal Collection of Personal Information in Norway
Scottish police have snooped on emails and calls 85,000 times in the last five years →

Now more than ever

Search

Contact Me

Email: [email protected]

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Data Categories and Surveillance Pricing: Ferguson’s Nuanced Approach to Privacy Innovation
  • Anne Wojcicki Wins Bidding for 23andMe
  • Would you — or wouldn’t you?
  • New York passes a bill to prevent AI-fueled disasters
  • Synthetic Data and the Illusion of Privacy: Legal Risks of Using De-Identified AI Training Sets
  • States sue to block the sale of genetic data collected by DNA testing company 23andMe
  • AI tools collect and store data about you from all your devices – here’s how to be aware of what you’re revealing

RSS Recent Posts on DataBreaches.net

  • Resource: State Data Breach Notification Laws – June 2025
  • WestJet investigates cyberattack disrupting internal systems
  • Plastic surgeons often store nude photos of patients with their identity information. When would we call that “negligent?”
  • India: Servers of two city hospitals hacked; police register FIR
  • Ph: Coop Hospital confirms probe into reported cyberattack
©2025 PogoWasRight.org. All rights reserved.