By Scott Hall

In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy Protection Act (VPPA) claim based on Meta Pixel data collection in Solomon v. Flipps Media, Inc., 2025 WL 1234567 (2d Cir. May 1, 2025). The court held that the Meta Pixel’s transmission of a Facebook user’s ID combined with a video title embedded in a URL string does not constitute “personally identifiable information” (PII) under the VPPA. The decision provides welcome clarity for companies using standard web analytics tools—particularly those offering video content—and pushes back against the increasingly expansive interpretations of the VPPA seen in some recent district court decisions.

Background and Holding

Plaintiff Detrina Solomon, a subscriber to FITE TV, alleged that the platform violated the VPPA by disclosing her Facebook ID and the titles of videos she viewed to Meta via the Meta Pixel. She argued that this combination of data constituted PII that could allegedly identify her as having watched specific videos.

The Second Circuit disagreed. Aligning with the Third and Ninth Circuits, the court adopted the “ordinary person” test for assessing whether information qualifies as PII. Under this standard, VPPA liability attaches only where the disclosed information would allow an average person—without access to specialized tools or insider knowledge—to identify a specific individual as having viewed specific video content.

The court found that neither a Facebook ID nor a video title embedded in a URL, alone or in combination, would enable an ordinary person to make that connection. As a result, the court concluded that Solomon’s allegations failed to state a plausible VPPA claim.

Implications for Businesses

The decision offers meaningful relief for companies that rely on standard website tracking tools, including those that offer video content or embed videos on their platforms. A wave of VPPA class actions has recently targeted businesses simply for using the Meta Pixel or similar technologies that transmit data like video page URLs and user identifiers. Solomon holds that such passive disclosures do not satisfy the VPPA’s PII standard in the Second Circuit.

However, companies should not take this as a green light to ignore potential risks. Data collection practices involving video content remain a focal point for privacy litigation, particularly where health, financial, or sensitive consumer data is involved.

Ongoing Litigation Risks

Additionally, while Solomon narrows the scope of VPPA claims, plaintiffs’ attorneys continue to pursue alternative theories under other federal and state laws, including wiretap statutes and pen register and trap and trace laws. These laws focus on the interception or disclosure of electronic communications (distinct from viewed video content)—an area where use of third-party analytics scripts like the Meta Pixel can still create risk exposure.

Companies using marketing pixels, event tracking scripts, or other analytics tools—especially on video-enabled pages—should continue to consult with counsel to evaluate their risk posture, ensure appropriate user disclosures are in place, and adopt reasonable technical safeguards.

Conclusion

Solomon represents a key victory for businesses, particularly in the Second Circuit, and is likely to reduce the viability (and number) of VPPA claims based on website data collection. Still, companies must remain vigilant. The regulatory and litigation landscape surrounding online tracking technologies remains dynamic, and legal risks extend beyond the VPPA. Companies must continue to be alert in the ever-evolving landscape of data privacy.