Eichenberger v. ESPN ESPN VPPA
EPIC to Ninth Circuit: Don't Turn the Channel on Video Privacy Case
EPIC has filed a letter brief in a video privacy case concerning ESPN’s collection of viewer data. The court in Eichenberger v. ESPN, Inc. is trying to determine whether consumers can bring lawsuits based on a violation of federal privacy law after the Supreme Court’s decision in Spokeo v. Robins, a case about “standing” to sue. EPIC filed a brief in support of Eichenberger, arguing that "the history and judgement of Congress leaves little doubt that Congress believed a violation of the Act would be a concrete injury." EPIC also explained "a court is not empowered to override congressional judgments as to which injuries should be legally protected.” EPIC testified before the Senate about the history and purpose of the Video Privacy Protection Act. EPIC has also filed several amicus briefs on standing to sue in consumer privacy cases.