This split builds on a broader judicial divide in VPPA litigation over Meta Pixel and similar trackers. Earlier, the Second Circuit affirmed dismissals in cases like Solomon v. Flipps Media and Hughes v. NFL (2025), holding encoded data strings do not constitute PII under VPPA's "ordinary person" test, effectively limiting claims in that circuit[2][3][5]. However, courts in Michigan (Goodman) and California have denied dismissals on similar facts, expanding exposure despite the same standard[1][3][4]. Involved parties include defendants like Hillsdale College, Reading International, Meta (via Pixel), and plaintiffs alleging unlawful disclosure of viewing history; no specific agencies or legislation beyond VPPA (1988 federal law originally targeting video rental privacy post-Supreme Court leak)[1][2].
Timeline: VPPA claims surged with trackers like Meta Pixel post-2020; Second Circuit narrowed in 2025[2]; split deepened with California/Michigan allowances into late 2025, culminating in Goodman and Berryman on or before March 12, 2026[1][3]. Newsworthy now due to forum-dependent liability risks for video-hosting companies, amid pending Supreme Court review in Salazar v. Paramount Global on VPPA's "consumer" definition, heightening uncertainty[1][5].