Court Rejects VPPA Dismissal in Gaming Site Google Tag Data Case
Massachusetts court denies dismissal of VPPA claims against gaming site Valnet.
Why it matters: This ruling signals heightened privacy litigation risks for gaming and digital media companies using embedded video tracking. Privacy counsel should note the court's stance on jurisdiction and consent defenses.
- U.S. District Court for the District of Massachusetts denied Valnet Inc.’s motion to dismiss VPPA lawsuit on June 30, 2026.
- Plaintiff Jonathan Saul, gamerant.com user since Nov. 2024, alleges Valnet’s use of Google Tag disclosed his Google Account ID and video viewing data without consent.
- Court found Valnet subject to U.S. jurisdiction based on nationwide contacts, including about 224 million monthly U.S. sessions.
- Privacy policy was not considered at dismissal stage because it was not referenced in the complaint, rejecting Valnet’s consent defense.
On June 30, 2026, the U.S. District Court for the District of Massachusetts denied a motion to dismiss Video Privacy Protection Act (VPPA) claims against Valnet Inc., operator of the popular gaming news website gamerant.com. The plaintiff, Jonathan Saul, a Massachusetts resident and gamerant.com account holder since November 2024, alleged that Valnet embedded Google Tag and Google Analytics on the site, which transmitted his personally identifiable information and video viewing activity to Google without his consent.
The court found that Valnet’s substantial nationwide online presence, including approximately 224 million sessions from U.S. users monthly — about 50% of the site’s total traffic — supported U.S. jurisdiction under Federal Rule of Civil Procedure 4(k)(2). This ruling underscores how digital platforms with significant U.S. user bases can face litigation regardless of corporate headquarters location, as Valnet is a Canadian-based company.
Further, the court rejected Valnet's reliance on its privacy policy as a consent defense because it had not been referenced in the plaintiff’s complaint, emphasizing that such defenses are not properly considered at the motion to dismiss stage. As Olga Koroleva summarized, the court concluded Saul's claim arose directly from Valnet's conduct in disclosing his Google Account and video watching data to Google, rather than merely from his choice to visit the website.
This decision reflects evolving legal interpretations of the VPPA as it applies to embedded video tracking on digital media sites, signaling privacy counsel to carefully review integration of analytic tools and consent protocols in user agreements and privacy policies.
By the numbers:
- 224 million monthly U.S. sessions — gamerant.com traffic cited for jurisdiction
- 50% — portion of gamerant.com monthly sessions from U.S. users
- November 2024 — when plaintiff Jonathan Saul became an account holder