In Gardner v MeTV, No. 24-1290 (7th Cir. March 28, 2025), Plaintiffs David Vance Gardner and Gary Merchant filed a lawsuit against MeTV National Limited Partnership, alleging that MeTV violated the Video Privacy Protection Act (VPPA) by disclosing their personally identifiable information without consent. MeTV operates a website where users can watch classic TV shows. Users can sign up with their email addresses and zip codes to personalize their experience, which includes receiving reminders and using a channel finder feature. Plaintiffs claimed that MeTV embedded a “Meta pixel” in its videos, allowing Facebook to link users’ viewing habits to their Facebook accounts for targeted advertising.
The United States District Court for the Northern District of Illinois dismissed the plaintiffs’ complaint, ruling that they were not “consumers” under the VPPA because they did not pay for MeTV’s services. The court allowed the plaintiffs to file an amended complaint, which was also dismissed on the same grounds.
The United States Court of Appeals for the Seventh Circuit reviewed the case and reversed the district court’s decision. The appellate court held that the term “consumer” under the VPPA includes anyone who subscribes to services from a video tape service provider, regardless of whether they pay money. The court found that providing personal information, such as an email address and zip code, in exchange for personalized services constitutes a subscription. Therefore, the plaintiffs are considered “consumers” under the VPPA, and their complaint should not have been dismissed.
The Seventh Circuit remanded the case for further proceedings consistent with its opinion, allowing the plaintiffs’ claims to proceed.