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Sunday, May 19, 2024

Class action alleges Fiskars violates Video Privacy Protection Act

Lawsuits
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Attorney Scott J. Ferrell of Pacific Trial Attorneys, APC | Pacific Trial Attorneys, APC

LOS ANGELES – A woman has filed a lawsuit against toolmaker Fiskars, claiming that the company violates the Video Privacy Protection Act by reporting what she views on Fiskars' website to Google. 

Plaintiff Rebeka Rodriguez filed a class action lawsuit in the Superior Court for the State of California for the County of Los Angeles against Fiskars Brands, citing invasion of privacy in violation of the Video Privacy Protection Act.

The lawsuit asserts the federal law, known as the Video Privacy Protection Act (VPPA), prohibits businesses that deliver "video cassette tapes or similar audio visual materials" from "knowingly disclosing to any person, personally identifiable information concerning any consumer of such provider."

According to the lawsuit, Fiskars creates video content on its website and encourages visitors to watch videos there. As such, the defendant is considered a "video take services provider" under the VPPA.

Rodriguez states that she was a subscriber to the defendant's video services and viewed videos on the defendants' website, which qualifies her as a "consumer" and "subscriber "under the VPPA.

According to Rodriguez, Fiskars allegedly kept track of the videos she watched and reported them to Google through the use of internet cookies, which are a form of "personally identifiable information," or PII, as defined by the VPPA.

In short, by reporting users' video viewing behavior, Fiskar's allegedly engaged in conduct prohibited by the VPPA.

Rodriguez is seeking money damages for herself and the proposed class, plus court costs, interest, attorney fees, and any other relief the court deems proper. She is represented by attorney Scott J. Ferrell, of Pacific Trial Attorneys APC in Newport Beach.

Superior Court for the State of California for the County of Los Angeles case number 23STCV12728 

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