VPPA

• Private right of action for violations. Statutory damages set at $2,500. Also allows for actual, punitive, and reasonable attorney fees.

• Not applicable to video streaming

• Does not preempt more protective state laws

• California has enacted laws covering the same privacy issues as VPPA

• Applies to video tape service providers who are defined as anyone engaged in the business in or affecting interstate or foreign commerce, of rental, sale or delivery of pre-recorded video cassette tapes or similar audio-visual materials as well as individuals who receive PI in the ordinary course of a videotape service provider’s business or for marketing purposes

• Videotape service providers are prohibited from disclosing PI. Exceptions:

• Disclosure is made to the consumer themselves o Is made subject to the contemporaneous written consent of the consumer o Is made to law enforcement pursuant to a warrant, subpoena or other court order o Includes only the names and addresses of consumers

• Includes only names, addresses and subject matter descriptions and the disclosure is only use for the marketing of goods or services to the consumers

• Is for order fulfillment, request processing, transfer of ownership or debt collection o Is pursuant to a court order in a civil proceeding and the consumer is granted a right to object

• PI must be destroyed as soon as practicable but no later than one year from the date the info is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such info

• The Video Privacy Protection Act Amendments Act of 2012

• Allowed for one-time consumer consent that was valid for up to two years replacing the contemporaneity requirement

• Addresses social media concerns