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Hulu Can't Dodge Privacy Class Action Lawsuit Print Email
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Thursday, 16 August 2012 11:45
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Hulu Can't Dodge Privacy Class Action Lawsuit

By Sarah Pierce

 

Hulu class action lawsuitHulu must face a class action lawsuit alleging the video-streaming website violated privacy laws by tracking users’ online activity with cookies and other identifiers on their computers, a California judge ruled last week.

U.S. District Judge Laurel Beeler denied Hulu’s motion to dismiss the class action lawsuit filed last year over so-called “zombie cookies,” which re-spawn even when users clear their Internet browsers of data files. Subscribers allege in the Hulu privacy class action lawsuit that Hulu and marketing analyst service KISSmetrics used these cookies to track users' online activity, and then disclosed what subscribers watched to third parties without their written prior consent, violating the Video Privacy Protection Act (VPPA).

The VPPA prohibits Videotape Service Providers from knowingly disclosing "personally identifiable information," which includes information that "identifies a person as having requested or obtained specific video materials or services." Hulu violated the VPPA by sharing its subscribers’ video viewing history and their identities to social networks and online advertising networks, the class action lawsuit alleged.

Hulu tried to dismiss the class action lawsuit on the grounds that the VPPA, enacted by Congress in 1988, did not cover the digital transmission of content and "only regulates businesses that sell or rent physical objects.” Hulu provides free streaming video content, and is “not a Video Tape Service Provider,” it argued.

Plaintiffs in the Hulu class action lawsuit fought back, arguing that Hulu misconstrued the VPPA, which covers companies that rent, sell or deliver “prerecorded video cassette tapes or similar audio visual materials.”

"The issue in the VPPA is not the form or method of video delivery. Rather, the statute concerns the protection of records about the subscriber and what the subscriber viewed," the Plaintiffs' attorney wrote. "Given its purpose, there is no basis to argue that the online transfer of video content falls outside the purview of the Act."

Judge Beeler agreed with the Plaintiffs, allowing the Hulu privacy class action lawsuit to continue. It is seeking damages and restitution for all individuals or entities in the U.S. who visited Hulu.com during the period from March 4, 2011 through July 28, 2011.

The case is In re: Hulu Privacy Litigation, Case No. 11-cv-03764-LB, U.S. District Court, Northern District of California, San Jose Division.
 

 

Updated August 16th, 2012

 

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Last Updated on Thursday, 27 December 2012 11:09

Comments   

 
#1 Kathy 2012-08-22 18:29
Is it too late to sign up for this settlement? I have been using Hulu for Years.
 

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