Video Privacy Plaintiffs Seek 9th Circuit Review of Their Lawsuit’s Dismissal

Plaintiffs Burke Minahan, Moshe Torczyner, David Landfair and Samuel Gershman seek 9th Circuit review of the May 1 order of U.S. District Judge Yvonne Gonzalez Rogers granting Google’s motion to dismiss their privacy lawsuit without leave to amend, said their notice of appeal Thursday (docket 4:22-cv-05652). The plaintiffs allege Google violated the New York Video Consumer Privacy Act and the Minnesota Video Privacy Law by retaining users’ personally identifiable video viewing history on its Google Play, Google TV, Android TV and YouTube platforms. But Rogers ruled that neither statute contains a private right of action for the violations they allege (see 2305020021).