EPIC Backs Plaintiff in ESPN VPPA Standing Argument

Legislators left little doubt Congress believed violation of the Video Privacy Protection Act would be a concrete injury, as it created a statutory damages provision that is triggered by VPPA violations, the Electronic Privacy Information Center said in an amicus brief backing a plaintiff suing ESPN over treatment of his Roku device viewing data. Judges Susan Graber, Mary Murguia and Morgan Christen of the 9th U.S. Circuit Court of Appeals Friday approved (in Pacer) EPIC's request for leave to file the brief, saying the plaintiff has standing under Spokeo to sue ESPN, which the network disputes (see 1709250050). EPIC's docket 15-35449 brief (in Pacer) said a VPPA disclosure provision violation is a per se concrete injury, and any court that demands a plaintiff prove harm atop the concrete injury Congress deemed actionable is substituting its own judgment.