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Tenaya Rodewald is Special Counsel in the Litigation and Privacy and Cybersecurity practices, and divides her time between the firm’s Palo Alto and Brussels offices.

Blockbuster Video may be extinct, but an obscure law designed to protect the privacy of video-tape renters is very much alive—the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, et seq. Enacted in 1988 after The Washington Post published a profile of Supreme Court nominee Robert Bork’s video-rental history, VPPA prohibits any “video tape service provider” from knowingly disclosing a consumer’s personally identifiable information (“PII”) to a third party without the consumer’s express consent. The VPPA entitles prevailing plaintiffs to liquidated damages of $2,500 per violation.Continue Reading Cutting the Cord on Video Privacy Protection Act Claims – The Emerging Non-Consumer Defense