SAN FRANCISCO (Legal Newsline) – Facebook’s parent company has moved to dismiss a lawsuit that claims Facebook Live violates the Video Privacy Protection Act.
Meta Platforms transferred the class action case to San Francisco federal court on April 20, a month after it was filed in San Mateo County Superior Court. The case accuses Facebook of disclosing subscribers’ personally identifiable information without their consent.
The VPPA prohibits video tape service providers from disclosing such information, the suit says, but Facebook Live broadcasts users’ full names and the specific video materials or services they viewed on Live.
“Plaintiff is wrong that these allegations – concerning live broadcasts that users share with each other – can constitute a violation of the VPPA,” attorneys for Meta wrote May 20 in a motion to dismiss.
“Plaintiff’s complaint ignores the plain language of the VPPA and Congress’ intent in enacting it.”
Broadcasting live events are outside of the scope of the VPPA, which covers prerecorded material, the motion says. Plus, Facebook does not engage in the “rental, sale or deliver” of prerecorded materials, it adds.
“Modern-day successors to video stores, like Hulu and Netflix, select and obtain rights to a curated inventory of prerecorded videos they provide to customers,” the motion says. “By contrast, Facebook Live allows users to share their own live user-generated broadcasts to connect and communicate with other Facebook users, just as they would share pictures or status updates.”
Meta is represented by Laurie Edelstein and other lawyers at Jenner & Block. Plaintiff Justin Walker is represented by Lynch Carpenter.