Class Action
Solomon v. Flipps Media
Solomon v. Flipps Media, Inc. (d/b/a FITE TV)
Where it stands
The Second Circuit affirmed dismissal on May 1, 2025, adopting an 'ordinary person' standard for what constitutes personally identifiable information under the VPPA.
Key ruling
Solomon v. Flipps Media, Inc., 136 F.4th 41 (2d Cir. May 1, 2025) — data is not 'personally identifiable information' under the VPPA if only someone with expertise and access to other data could decipher it. The ruling substantially forecloses standard Meta Pixel VPPA theories in the Second Circuit and partially offsets Salazar.
Note on this record
Plaintiff's counsel were not identified in the sources reviewed.The record
- Court
- U.S. Court of Appeals for the Second Circuit (on appeal from the U.S. District Court for the Eastern District of New York)
- Case number
- No. 23-7597 (2d Cir.); 136 F.4th 41 (2d Cir. 2025)
- Filed
- Filing date not established
- Defendants
- Flipps Media, Inc. (FITE TV)
- Plaintiffs
- Subscribers to the FITE TV streaming service whose video-viewing activity and Facebook ID were transmitted to Meta through the Meta Pixel.
- Technology at issue
- Meta Pixel deployed on the FITE TV streaming platform
- Relief sought
- VPPA statutory damages of $2,500 per violation.
Claims pleaded
Sources (3)
- Solomon v. Flipps Media, Inc., No. 23-7597 (2d Cir. 2025)Justia · 2025-05-01
- Second Circuit 'Shuts the Door' on Meta Pixel VPPA ClaimsMorgan Lewis · 2025-07
- Second Circuit Affirms VPPA Dismissal: Data Is Not 'Personally Identifiable Information' If Only Experts Can Decipher ItCovington & Burling — Inside Class Actions · 2025-05-09
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