Retailers Urge SCOTUS to Clarify Who Qualifies as a Consumer under the Video Privacy Protection Act

The Retail Litigation Center (RLC) filed an amicus brief today in the U.S. Supreme Court case Michael Salazar v. Paramount Global, dba 247Sports. At issue in this case is whether a 1980s federal video privacy law—the Video Privacy Protection Act, or VPPA—should be stretched to cover claims that have nothing to do with watching or buying video content. The RLC brief argues that simply buying everyday retail goods should not turn someone into a “consumer” under a video privacy law just because that shopper later visits a website that includes any video content.  

“Video content is a critical part of modern retail websites, ranging from short product demonstrations to brand stories, and is expected by the modern retail consumer as part of the omni-channel experience,” said Monica Welt, Retail Litigation Center President. “Simply going to a website and watching a video should not automatically make that same person a consumer under VPPA when they buy an unrelated product at a retail store.”  

The RLC brief argues that expanding the law beyond its original purpose—protecting the video viewing history of private citizens—would invite a new wave of abusive lawsuits against retailers and other businesses that use common website videos to inform and engage customers.  As the brief puts it: “The VPPA was not designed to be an omnibus Internet privacy statute.”  

“This case matters because courts should apply laws as Congress wrote them—not expand them in ways that create confusion and invite meritless litigation,” said Welt. “Retailers depend on clear, workable legal rules so they can continue offering the online tools and information customers expect, without facing abusive lawsuits over ordinary business practices.” 

The RLC’s brief was drafted by Archis A. Parasharami and Meredith Slawe of Skadden, Arps, Slate, Meagher & Flom LLP.  

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Media Contact: press@rila.org

Directed by the chief legal officers of the country's leading retail companies, the Retail Litigation Center (RLC) is the only organization dedicated to advocating for the industry's top priorities in the federal and state judiciary. The RLC also works with leading law firms and retail corporate counsel to develop forward-thinking strategies to combat meritless mass action litigation. Founded by the Retail Industry Leaders Association (RILA) in 2010 as an independent organization, the RLC is a 501(c)(6) membership association open to all retailers and select law firms.