Ellis v. The Cartoon Network, Inc.

Cartoon Network provides a free mobile application for smartphones called the CN app. After plaintiff downloaded the free app, the Cartoon Network kept records of the videos he watched and shared those records with Bango without his consent. Bango specializes “in tracking individual behaviors across the Internet and mobile applications . . . [and claims] that its technology ‘reveals customer behavior, engagement and loyalty across and between all [ ] websites and apps.’” Plaintiff filed suit against Cartoon Network under the Video Privacy Protection Act (VPPA), 18 U.S.C. 2710, alleging that he was a “subscriber” of Cartoon Network and therefore a “consumer” under the Act. Plaintiff further claimed that Cartoon Network violated the Act when it disclosed his “personally identifiable information” to Bango. The district court granted Cartoon Network's motion to dismiss. The court concluded that a person who downloads and uses a free mobile application on his smartphone to view freely available content, without more, is not a “subscriber” (and therefore not a “consumer”) under the VPPA. Accordingly, the court affirmed the judgment. View "Ellis v. The Cartoon Network, Inc." on Justia Law