Augusta National Seeks Stay Pending 2nd Circuit’s VPPA Decision in Salazar

Augusta National seeks a stay in the Video Privacy Protection Act claims brought by Adam Labernik and Shane Doyle, pending the 2nd Circuit's decision in Salazar v. National Basketball Association (docket 23-1147), Augusta National’s counsel, David Venderbush of Alston & Bird, said in a letter motion Thursday (docket l:24-cv-03058) to U.S. District Judge Jennifer Rearden for Southern New York in Manhattan. Attorneys for Labernik and Doyle don’t oppose the stay, said the letter motion. The plaintiffs allege that Augusta National, owner of the Masters golf tournament, doesn’t disclose on its website or in its online newsletter that subscribers’ personally identifying information will be captured by the Meta Pixel tracking tool that the defendant installed and then shared the captured information with Meta (see 2404240053). In the Salazar appeal, the plaintiff-appellants argue that the district court erred in dismissing their claims against the NBA on grounds that the goods and services as defined in the VPPA don’t apply to online newsletters. The Southern District of New York has previously stayed a similar VPPA case pending the outcome of Salazar, said Venderbush’s letter motion: “It would be in the interest of the parties, the Court, and the public to do the same here.” Plaintiffs Labernik and Doyle and defendant Augusta National will benefit from a decision in Salazar “clarifying the scope of the VPPA and any new legal standards before beginning to brief a dispositive motion in this matter based on uncertain law,” said the letter motion. The key issues in this case include Article III standing and the VPPA’s statutory definition of "consumer," both of which the parties in Salazar presented to the 2nd Circuit for decision, it said. Oral argument in Salazar was held April 2.