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Class Action

Solomon v. Flipps Media

DismissedClass claims present

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)

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.

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