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Golden v. NBCUniversal Media LLC

VPPA Violation Suit Dismissed; Plaintiff Not 'Subscriber',' Consumer' Under VPPA

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OPINION & ORDER Plaintiff Sherhonda Golden (“Golden”) brings this putative class action against NBCUniversal Media, LLC (“NBCU”) alleging violations of the Video Privacy Protection Act, 18 U.S.C. §2710 (“VPPA” or the “Act”), and unjust enrichment. Golden alleges that NBCU knowingly discloses to Meta Platforms, Inc. (“Facebook”) — the parent company of popular social media service Facebook — data containing Golden and other digital visitors’ personally identifiable information (“PII”) and information about their on-demand video consumption without their consent. NBCU has moved to dismiss Golden’s First Amended Complaint (“FAC”) in its entirety. For the following reasons, the Court grants defendant’s motion, but grants Golden leave to amend for the limited purpose of pleading in greater detail the operation of Today.com’s email newsletter and mobile application (“app”) services. I. Background A. Factual Background1 1. Today.com’s Website and Newsletter NBCU owns and operates Today.com, Dkt. 14 (“FAC”) 1, a website in the U.S. that is accessible from a desktop computer or a mobile app, id. 24. Today.com offers both live, id. 21, and on-demand, id. 44, video content. The website allows users to “sign up” for one or more email newsletters. Id.

21, 22, 24. The Court infers from a screenshot in the FAC that the newsletters contained curated lists of links to Today.com content discussing certain news and popular culture topics. Id.

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