Defeated VPPA Plaintiff Files Notice of Appeal to 2nd Circuit

Plaintiff William Martin is appealing to the 2nd U.S. Circuit Appeals Court the Feb. 17 opinion and order granting Dotdash Meredith’s motion to dismiss his Video Privacy Protection Act claims, said his notice Friday (docket 1:22-cv-04776). Meredith Dotdash argued successfully that Martin’s alleged injury isn’t an injury in fact because the information disclosed to Facebook via the Meta pixel tracking tool didn’t include the type of video viewing history information that’s protected by the VPPA, ruled U.S. District Judge Denise Cote for Southern New York. Her decision gained notoriety days later when PBS filed a notice of supplemental authority documenting the opinion as supporting its own motion to dismiss plaintiff Jazmine Harris’ VPPA claims on similar grounds (see 2302220035).