In a significant victory for Wood Smith Henning & Berman, partner Christopher Seusing, senior associate Sean Patel, and associate Kyle Woodford successfully obtained a voluntary dismissal without prejudice in the United States District Court, Southern District of Florida. The case, which involved a class action against a major entertainment corporation, alleged violations of the Video Privacy Protection Act (VPPA) due to the defendant's alleged sharing of users' video viewing histories with Facebook.
The plaintiffs claimed that the defendant, through the use of a meta-pixel embedded in its website, knowingly disclosed information identifying the plaintiffs and class members after they requested or obtained specific video materials or services. The VPPA, a federal statute aimed at preserving personal privacy regarding audio-visual materials, prohibits such disclosures without consumer content. The case sought actual damages, including liquidated damages of at least $2,500 for each violation.
"The dismissal represents a pivotal outcome for our client," said Seusing. "We are pleased that the court recognized the merits of our position and dismissed the claims, allowing our client to move forward without the burden of prolonged litigation."
The lawsuit alleged that the defendant's website tracked users' video viewing history without their knowledge or consent and reported it to Facebook, including users' unique Facebook identification numbers. Despite these claims, the case was voluntarily dismissed, offering relief to the defendant without any finding of liability.
"Our team worked diligently to achieve this result, and we are proud to have defended our client against these allegations," said Patel. "This outcome underscores the importance of a well-constructed defense strategy and the value of our client's commitment to consumer privacy."
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