Melanie Conroy Quoted in Massachusetts Lawyers Weekly: Suit vs. App-Maker Can Proceed Under Federal Video Privacy Law

Excerpted from the February 14, 2024 issue of Massachusetts Lawyers Weekly

In Rancourt v. Meredith Corporation, the U.S. District Court for the District of Massachusetts decided that an out-of-state owner of a video app could face liability in the Commonwealth for, “allegedly disclosing a state resident’s personally identifiable information to third parties in violation of the Video Privacy Protection Act (VPPA).”

The defense, in its motion to dismiss, argued that Meredith Corp. was “not subject to personal jurisdiction within the state and that it was not a “video tape service provider.” Judge Allison D. Burroughs disagreed, noting that “as of July 2022, the app had nearly 55,000 Massachusetts users, and in over two years, Meredith Corp. had earned more than $66,000.” She went on to note that Congress, in passing the VPPA, included “rental, sale, or delivery,” which clearly indicates that the VPPA applies more broadly than to local stores renting movies.

Pierce Atwood litigation and class action partner Melanie A. Conroy agreed that this case represents a broader trend of plaintiffs’ counsel attempting to expand the statutory language of the VPPA to include additional contexts that incorporate technical advances in delivery video content beyond the now-rare brick and mortar video stores.

Melanie stated, “I expect we will see future litigants before the District of Massachusetts craft their arguments on whether claims may be sustained under the VPPA based on the extensive analysis and guidance provided by Rancourt. Counsel will also continue advising clients on compliance and risk mitigation taking into account the rubric laid out by Judge Burroughs.”

Click here for the complete article by Eric T. Berkman that appeared on February 14, 2024.