Legal Opinion

Mark Ellis v. The Cartoon Network, Inc.

Court of Appeals for the Eleventh Circuit

Decided October 9, 2015No. 14-15046PublishedCited by 42 opinions

1Opinion of the Court

JORDAN, Circuit Judge:

This appeal from the dismissal of a complaint presents two issues of first impression concerning the , Video Privacy Protection Act, 18 U.S.C. § 2710. First, who is a “subscriber” (and therefore a “consumer”) under the Act? Second, what exactly is the “personally identifiable information” protected by the Act? We conclude that a person who - downloads and uses a free mobile application on his smartphone to view freely available content, without more, is not a “subscriber” (and therefore not a “consumer”) under the VPPA. Given our ruling, we leave for another day the…

2Cases cited11 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Olmstead v. United StatesSupreme Court of the United States · 1928
  4. Timson v. SampsonCourt of Appeals for the Eleventh Circuit · 2008
  5. Arizona v. Inter Tribal Council of Ariz., Inc.Supreme Court of the United States · 2013

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3Cited by42 opinions

  1. In Re Nickelodeon Consumer Privacy LitigationCourt of Appeals for the Third Circuit · 2016
  2. Chad Eichenberger v. Espn, Inc.Court of Appeals for the Ninth Circuit · 2017
  3. Equal Employment Opportunity Commission v. Catastrophe Management SolutionsCourt of Appeals for the Eleventh Circuit · 2016
  4. Robinson v. Disney OnlineDistrict Court, S.D. New York · 2016
  5. In re Vizio, Inc., Consumer Privacy LitigationDistrict Court, C.D. California · 2017

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