Class Action
Salazar v. NBA
Salazar v. National Basketball Association
Where it stands
The district court dismissed on August 8, 2023, holding Salazar was not a 'consumer' under the VPPA. On October 15, 2024 the Second Circuit vacated and remanded, holding he plausibly alleged Article III standing and 'subscriber of goods or services' status through the free newsletter signup. The case returned to the district court.
Key ruling
Salazar v. NBA (2d Cir. Oct. 15, 2024) — a person who subscribes to any 'goods or services' from a video tape service provider, including a free email newsletter, can be a protected 'consumer' under the VPPA. The decision materially widened pixel-based VPPA exposure for media, sports and retail sites and created tension with the Sixth and Seventh Circuits.
Note on this record
Plaintiff's counsel were not identified in the sources reviewed. Read alongside Solomon v. Flipps Media, which narrowed the same circuit's VPPA exposure on a different element.The record
- Court
- U.S. Court of Appeals for the Second Circuit (on appeal from the U.S. District Court for the Southern District of New York)
- Case number
- No. 23-1147 (2d Cir.); 685 F. Supp. 3d 232 (S.D.N.Y. 2023)
- Filed
- Filing date not established
- Defendants
- National Basketball Association
- Plaintiffs
- Subscribers to the NBA's free online newsletter who watched videos on NBA.com while logged into Facebook and whose video-viewing history and Facebook ID were transmitted to Meta.
- Technology at issue
- Meta Pixel deployed on NBA.com video pages
- Relief sought
- VPPA statutory damages of $2,500 per violation plus injunctive and declaratory relief.
Claims pleaded
Sources (3)
- Salazar v. NBA, No. 23-1147 (2d Cir. 2024)Justia · 2024-10-15
- Salazar v. NBA and the Second Circuit's Game-Changing DecisionHolland & Knight LLP · 2024-12
- Second Circuit takes another shot at NBA data tracking class actionCourthouse News Service
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.