Wednesday, August 15, 2012
The case, In Re Hulu Privacy Litigation, raises the question of whether a company such as Hulu, which streams information, is a "video tape service provider" under the Act may transmit information it collects about its customers to third parties. Hulu moved to dismiss the action on the grounds that the plaintiffs lacks standing, that disclosures were in the ordinary course of business and that it wasn't a video tape service provider. The judge denied all of Hulu's motions and is allowing the suit to proceed, finding that the VPPA's language includes businesses involved in delivery of tapes "or similar audio visual materials."
Hulu had disclosed subscriber information to a third party called KISSmetrics; it no longer works with that service.