Last Update: 04/05/2026 at 1:25 PM EST
Supreme Court Weighs VPPA Tracking Scope
Coverage from JD Supra, Ervin Cohen & Jessup LLP, and others
Articles
8
Latest Article
03/23
Active Days
64
Executive Summary
The Supreme Court will decide whether the VPPA reaches modern tracking and video data disclosures, shaping liability for streaming and adtech companies.
- The Supreme Court granted certiorari in Salazar v Paramount Global on January 26 2026
- The case asks who qualifies as a consumer under the VPPA
- Circuits are split on whether VPPA covers all goods and services or only audiovisual ones
- The dispute centers on online tracking, pixels, SDKs, analytics, and adtech
- A broad reading could expand statutory damages exposure for video platforms and related services
- Companies are advised to map video hosting, login flows, and third party data sharing
- Vendor contracts and tag governance are key risk controls for tracking practices
Quick Facts
- What: Interpreting VPPA consumer scope and tracking disclosures
- Where: United States federal courts and online video services
- Why: To resolve circuit split and modern tracking liability
- Who: U.S. Supreme Court and Paramount Global in Salazar
- When: Cert granted January 26 2026 with hearing pending

