In a case demonstrating the ongoing difficulties of applying the Spokeo decision to interpret injury-in-fact, a Massachusetts federal court last week denied a motion to dismiss by USA Today parent company, Gannett Satellite Information Network Inc., where the company allegedly disclosed personal data about a user’s video-viewing history to a third-party analytics firm.

The putative class action was brought in 2014 by a man who alleges Gannett violated the Video Privacy Protection Act (“VPPA”) by recording the titles of videos he viewed on the USA Today app, his Android ID, and the GPS coordinates of his device at the time videos were watched, and sending that information to Adobe, its analytics vendor, without his permission.
Continue Reading VPPA Suit Over Sharing Users’ Video-Viewing Data Continues as Gannett’s Motion to Dismiss Is Denied