Wednesday, October 14
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Does the Supreme Court adopt a broad reading of 'consumer' under the VPPA?

Will the U.S. Supreme Court hold, in Salazar v. Paramount Global, that a website visitor who subscribes only to a company's non-audiovisual online service (such as a newsletter) qualifies as a 'consumer' entitled to sue under the Video Privacy Protection Act over undisclosed sharing of video-viewing data?

40% yes — Court adopts the broad reading

Leans toward affirming the narrow reading — three circuits (Second, Sixth, Seventh) have already read 'consumer' narrowly, giving the Court a well-developed body of reasoning to affirm rather than overturn, though the circuit split itself shows genuine disagreement below

The case for a broad reading: the VPPA's purpose was to protect video-viewing privacy broadly, and a newsletter subscriber's video-viewing history is exposed exactly the same way a video subscriber's would be, so limiting 'consumer' status to audiovisual subscribers arguably lets companies dodge the statute by labeling their primary offering something else. The case for the narrow reading: three circuits have now read the statutory text — 'goods or services from a video tape service provider' — as requiring a connection to the provider's audiovisual offerings specifically, and a broad reading could sweep in nearly any website visitor who watches an embedded video anywhere online, a scope critics say Congress didn't intend in a 1988 law aimed at video-rental stores.

No fixed date · Argued Oct 14, 2026 (No. 25-459, from the Sixth Circuit); a ruling is expected before the end of the Court's 2026 Term (by roughly June 2027), with no fixed decision date set

Michael Salazar subscribed only to a free email newsletter on Paramount's 247Sports.com and watched videos on the site while logged into Facebook; he alleges the embedded Meta Pixel sent his Facebook ID and video-viewing history to Facebook without consent, in violation of the 1988 Video Privacy Protection Act (enacted after a newspaper published a Supreme Court nominee's video-rental history). The Sixth Circuit held Salazar wasn't a statutory 'consumer' because he subscribed only to Paramount's newsletter, not to any audiovisual good or service — joining the Second and Seventh Circuits' narrow reading in a split with other circuits. The Supreme Court granted certiorari Jan 26, 2026 and heard oral argument today, Oct 14, as the second case of its October sitting (after Suncor v. Boulder). A broad reading would substantially expand VPPA exposure for any company that offers video content alongside unrelated products or services online; a narrow reading would preserve the current circuit-majority limit and curb the recent wave of VPPA class actions over embedded video and tracking pixels.

The Court must choose between two competing readings of the statutory phrase 'goods or services from a video tape service provider' — either it covers all of a provider's goods and services (the broad reading) or only its audiovisual ones (the narrow reading adopted by the Sixth Circuit below) — a discrete statutory-interpretation holding with no partial middle outcome on the question presented.

Researched Oct 14, 2026 · tracked since Oct 14, 2026

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Court adopts the broad readingthis is “yes”

The VPPA's privacy purpose protects video-viewing history regardless of what else a visitor subscribed to, and a win for Salazar reopens his case while substantially expanding viable VPPA claims against any company with embedded video alongside other digital offerings.

Short
PSKY Paramount Skydance CorporationThe named defendant; a broad ruling reopens Salazar's case and expands Paramount's own VPPA class-action exposure across its many digital properties with embedded video.
Short
META Meta Platforms, Inc.The Meta Pixel is the tracking mechanism at the center of this case and thousands of similar VPPA suits against Meta's advertiser customers; a broad reading expands the pool of viable claims tied to Meta's own ad products.
Short
DIS The Walt Disney CompanyA large media company with extensive embedded video across digital properties that sell subscriptions and goods beyond pure audiovisual products; exposed to the same expanded-liability logic as Paramount under a broad reading.
Long
BUR Burford Capital LimitedThe largest US-listed litigation funder; a Supreme Court ruling that substantially expands the pool of viable VPPA class claims nationwide creates exactly the kind of large, fundable litigation category this business profits from.
Long
KNSL Kinsale Capital Group, Inc.A specialty E&O/cyber-liability insurer; a broad reading that expands digital-privacy litigation exposure nationally increases demand for the kind of excess-and-surplus-lines coverage Kinsale underwrites.
Long
TTD The Trade Desk, Inc.An ad-tech platform built around identity solutions that don't rely on embedded pixels like Meta's; a broad reading that raises the legal risk of pixel-based tracking is a modest competitive tailwind for non-pixel alternatives.

Worth knowing: A ruling for Salazar only decides 'consumer' status under the statute — it doesn't resolve whether Paramount's pixel use actually violated the VPPA, so a win here reopens the case rather than deciding liability outright.

Court affirms the narrow reading

Three circuits have already read 'consumer' as tied to a provider's audiovisual offerings specifically, and the Court affirms that reading rather than adopting a scope critics argue would sweep in nearly any website visitor who ever watches an embedded video.

Long
PSKY Paramount Skydance CorporationThe named defendant; a broad ruling reopens Salazar's case and expands Paramount's own VPPA class-action exposure across its many digital properties with embedded video.
Long
META Meta Platforms, Inc.The Meta Pixel is the tracking mechanism at the center of this case and thousands of similar VPPA suits against Meta's advertiser customers; a broad reading expands the pool of viable claims tied to Meta's own ad products.
Long
DIS The Walt Disney CompanyA large media company with extensive embedded video across digital properties that sell subscriptions and goods beyond pure audiovisual products; exposed to the same expanded-liability logic as Paramount under a broad reading.
Short
BUR Burford Capital LimitedThe largest US-listed litigation funder; a Supreme Court ruling that substantially expands the pool of viable VPPA class claims nationwide creates exactly the kind of large, fundable litigation category this business profits from.
Short
KNSL Kinsale Capital Group, Inc.A specialty E&O/cyber-liability insurer; a broad reading that expands digital-privacy litigation exposure nationally increases demand for the kind of excess-and-surplus-lines coverage Kinsale underwrites.
Short
TTD The Trade Desk, Inc.An ad-tech platform built around identity solutions that don't rely on embedded pixels like Meta's; a broad reading that raises the legal risk of pixel-based tracking is a modest competitive tailwind for non-pixel alternatives.

Worth knowing: Even an affirmance doesn't end VPPA litigation risk broadly — it leaves open other unresolved questions, like how courts define personally identifiable information under the statute, and Congress could still legislatively expand the consumer definition regardless of how the Court rules here.

5 sources, leaning both ways