CNN Seeks Dismissal of Video Privacy Protection Act Complaint Appeal
A CNN app user who subsequently sued CNN has no standing under Article III for an appeal of that unsuccessful lawsuit since the plaintiff didn't allege he or any hypothetical class suffered any qualifying injury from CNN's disclosures, CNN said…
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in a motion to dismiss (in Pacer) filed Tuesday with the 11th U.S. Circuit Court of Appeals. CNN said Ryan Perry's complaint rests solely on the Video Privacy Protection Act (VPPA), and pointing to the Supreme Court's Spokeo v. Robins decision -- which requires concrete injury even in a statutory violation in order to have standing -- said, "This is not enough." Perry sued CNN in 2014, alleging violations when the network shared data of its mobile app user with its analytics provider, Bango, and a U.S. District judge in Atlanta subsequently granted CNN's motion to dismiss. In a civil appeal statement (in Pacer) filed in June with the 11th Circuit, Perry said under VPPA subscribers are authorized to sue for unlawful disclosure of some data, but the 11th and 1st circuits have been divided over the meaning of the word "subscriber" in the VPPA. Counsel for Perry didn't comment Wednesday.