Yershov v. Gannett Satellite Info. Network, Inc., No. 15-1719 (1st Cir. 2016)Annotate this Case
Gannett Satellite Information Network, Inc. is an international media company that produces news and entertainment programming through a proprietary mobile software application (the “App”). Plaintiff downloaded and installed the App on his Android mobile device. Every time Plaintiff watched a video clip on the App, Gannett shared information about Plaintiff with Adobe Systems Incorporated. Plaintiff brought this putative class-action lawsuit against Gannett for allegedly disclosing information about him to a third party in violation of the Video Privacy Protection Act (VPPA). The district court dismissed the action under Fed. R. Civ. P. 12(b)(6), concluding that that information disclosed by Gannett was “personally identifiable information” (PII) under the VPPA but that Plaintiff was not a “consumer” protected by the VPPA. The First Circuit reversed, holding that the complaint adequately alleged that Plaintiff was a “consumer” under the VPPA. Remanded.
The court issued a subsequent related opinion or order on May 6, 2016.