Second Circuit nixes NBCUniversal VPPA pixel lawsuit
The Second Circuit upheld the dismissal of a VPPA class action against NBCUniversal over tracking pixels.
Why it matters: The ruling confirms limits on VPPA liability for media companies using tracking technologies, offering greater certainty for privacy counsel and compliance teams navigating digital data practices.
- On April 23, 2026, the Second Circuit affirmed dismissal of the class action against NBCUniversal.
- The court held the shared data was not 'personally identifiable information' under the VPPA.
- The decision follows similar Second Circuit rulings in Solomon v. Flipps Media Inc. and Hughes v. NFL.
- Legal experts consider the decision a significant barrier to pixel-based VPPA claims.
The U.S. Court of Appeals for the Second Circuit on April 23, 2026, affirmed the dismissal of a putative class action against NBCUniversal Media LLC, alleging that the company’s use of tracking pixels violated the Video Privacy Protection Act (VPPA).
The court concluded that the information shared by NBCUniversal did not count as "personally identifiable information" under the VPPA, as it would not enable an ordinary person to identify a user’s video-watching activity. This reasoning echoes the Second Circuit’s past decisions in Solomon v. Flipps Media Inc. (May 1, 2025) and Hughes v. NFL (June 20, 2025), which similarly held that pixel-transmitted data fails the VPPA threshold for personal identification.
- Legal analysts, including Morgan Lewis & Bockius LLP, describe the decision as effectively having “shut the door for Pixel-based VPPA claims.”
The VPPA, enacted in 1988, was designed to shield consumers’ video rental records from unauthorized disclosure. As media companies increasingly rely on tracking technologies like the Meta Pixel, a surge of privacy lawsuits has tested the law's application to digital data. The Second Circuit’s string of recent decisions set a clear boundary on what constitutes personally identifiable information in this context, substantially reducing litigation risk for streaming and media platforms operating in the U.S.
By the numbers:
- April 23, 2026 — Date Second Circuit upheld NBCUniversal class action dismissal.
- May 1, 2025 — Solomon v. Flipps Media Inc. decided, rejecting VPPA pixel claims.
- June 20, 2025 — Hughes v. NFL decided, aligning with latest ruling.