Peter Brann and Eamonn Hart Prevail in VPPA Lawsuit

Brann & Isaacson lawyers, Peter Brann and Eamonn Hart, won a motion to dismiss a federal lawsuit in the Southern District of California brought under the Video Privacy Protection Act against, Boden, a British clothing retailer. B&I argued that it was wholly insubstantial to claim that the VPPA applied to showing a small snippet of video on Boden’s website, and the judge agreed. Plaintiff’s counsel, Scott Farrell, had filed numerous VPPA lawsuits against other internet retailers, and this was the first time a retailer had litigated a motion to dismiss to conclusion.

“This is the latest example of statutes passed to protect consumers being twisted into unrecognizable shape to seek quick cost-of-litigation settlements,” explained Brann. “The notion that a six-second video loop of a woman walking on the beach with no dialogue on Boden’s homepage is covered by the VPPA, which was passed to protect the privacy of customers’ viewing history of video cassette tapes or similar audio-visual materials, is, in a word, silly. We are pleased that the court dismissed this case.”