2.4 Non-Breach Privacy Claims
Recent litigation trends under US privacy laws, particularly the Video Privacy Protection Act (VPPA), highlight a surge in consumer privacy class actions. The VPPA, originally enacted in 1988, has seen renewed interest as plaintiffs' attorneys target companies using web cookies and tracking technologies. Companies across various industries, from media to healthcare to technology providers, are facing these claims, which often involve using third-party analytics tools like tracking pixels.
Courts have shown mixed responses to these cases. Some have dismissed claims at the pleading stage, while others have allowed them to proceed to discovery. This inconsistency creates uncertainty for businesses regarding compliance and potential liability.
Overall, the rise in VPPA litigation underscores the need for companies to review their data practices and ensure they obtain explicit consent from users before sharing any personal information. This proactive approach can help mitigate legal risks and enhance consumer trust in an increasingly privacy-conscious market.

The rise in VPPA litigation underscores the need for companies to review their data practices and ensure they obtain explicit consent from users before sharing any personal information.