Mollett v. Netflix, Inc., No. 12-17045 (9th Cir. 2015)
Annotate this CasePlaintiffs filed suit against Netflix under the Video Privacy Protection Act (VPPA), 18 U.S.C. 2710, and California Civil Code 1799.3, alleging that Netflix violated these statutes by permitting certain disclosures about their viewing history to third parties. The court concluded that plaintiffs failed to plead a plausible violation of the VPPA because, as the court held, the disclosure alleged by plaintiffs is a disclosure “to the consumer” that is permitted by the Act. The fact that a subscriber may permit third parties to access her account, thereby allowing third parties to view Netflix’s disclosures, does not alter the legal status of those disclosures. As plaintiffs' complaint pleads only a lawful disclosure under the VPPA, the district court was correct to dismiss the first count of plaintiffs’ complaint. Likewise, plaintiffs failed to plead a violation of California Civil Code 1799.3. Accordingly, the court affirmed the dismissal of plaintiffs' claims.
Court Description: Video Privacy Protection Act. The panel affirmed the dismissal of claims brought under the Video Privacy Protection Act and California Civil Code § 1799.3 against Netflix, Inc., a subscription videostreaming service. The panel held that Netflix did not violate these statutes by permitting certain disclosures about subscribers’ viewing history to third parties¯specifically subscribers’ family, friends, and guests. The panel concluded that the complained-of disclosures were lawfully made to Netflix’s own subscribers and, therefore, were not actionable under the VPPA or the California Civil Code. MOLLETT V. NETFLIX, INC. 3
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