Supreme Court to weigh applying 1988 Video Privacy Act to online data sharing

On October 14, the U.S. Supreme Court will hear arguments about the reach of the 1988 Video Privacy Protection Act (VPPA). The case stems from a lawsuit by Michael Salazar, who says a newsletter from 247Sports was treated as a “video tape service” and his browsing data was passed to Facebook for advertising.

Salazar argues the VPPA’s language – “any renter, purchaser or subscriber of goods or services from a video tape service provider” – was written in plain terms that should include online newsletters. He points to a quote from a Paramount film to illustrate his point.

What the parties claim

Salazar contends that the newsletter qualifies as a “service” under the VPPA, making Paramount liable for sharing his information with Facebook. Paramount counters that the statute was meant for actual video rentals, not non‑video transactions like email newsletters. The company warns that an expansive reading could open the door to countless class actions against businesses that host any video content.

Industry concerns

The Motion Picture Association filed an amicus brief warning that a broad interpretation would turn anyone who buys goods from a company that also streams video into a “consumer” under the law. It cited examples such as a Whole Foods shopper who also watches a free yoga‑mat video on Amazon’s site.

The News/Media Alliance warned that a ruling in Salazar’s favor could force news sites to remove videos, put them behind paywalls, or abandon ad‑supported models, threatening free journalism.

Practical impact for everyday users

If the Court sides with Salazar, companies that collect email addresses and share browsing data for ads could face VPPA claims, even when the interaction isn’t a traditional video rental. Consumers may see fewer free videos or more paywalls as businesses adjust to avoid liability. There is no deadline mentioned in the filing, but the oral arguments are set for October 14, and any decision could affect how online newsletters and targeted ads operate.

When to consider legal help

Anyone who believes their personal data was shared without consent under the VPPA should consider consulting an attorney, especially if they receive a notice of a class‑action lawsuit or want to understand their privacy rights.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 8, 2026.