Judge Does Not Allow Hulu To Dismiss Privacy Violation

Posted Aug 15, 2012

Hulu has been unable to dismiss an unauthorized data sharing lawsuit against them.  This means that Hulu will still have to face a violation charge of the Video Privacy Protection Act.  You can read the 12-page claim here.  Hulu tried to argue that the Act, which was passed in 1988, did not specifically deal with digitally transmitted content.

The plaintiffs in this lawsuit are Joseph Garvey and Stacey Tsan.  They filed the lawsuit against Hulu and web analytics company Kissmetrics on July 29, 2011.

The plaintiffs claimed that Hulu illegally retransmitted their viewing choices to a number of third parties.  These third parties include Facebook, DoubleClick, Quantserve, Google Analytics, and Scorecard Research.

The lawsuit also points out that the subscriber service was hacked and the plaintiff’s browser caches with secret cookies and other tracking information was repurposed.  On June 7, Hulu failed to show that the plaintiffs were not harmed by its tracking actions.