The decision reaffirms a line of Second Circuit precedent establishing an "ordinary person" test for what qualifies as protected information under the 1988 statute. The court found Golden's claims materially indistinguishable from prior dismissals, including Solomon v. Flipps Media Inc. and Hughes v. NFL. The district court had already dismissed the case in September 2024 under this standard; the appellate panel simply reinforced it.
Media companies and website operators should note the strengthened defense this ruling provides against pixel-based VPPA litigation in the Second Circuit. These suits have proliferated since 2022, seeking damages of $2,500 or more per violation. However, the decision may push plaintiffs toward more favorable venues, particularly the First Circuit, where courts have taken different approaches to similar claims. Defendants operating in the Second Circuit now have clearer ground to move for dismissal on these facts.