Fan: Dismissal Of NBA VPPA Claims Wrongly Based On ‘Ordinary Person’ Test

( December 22, 2025, 4:57 PM EST) -- NEW YORK — Less than two weeks after the U.S. Supreme Court denied certiorari to the National Basketball Association in a suit alleging that it violated the Video Privacy Protection Act (VPPA) by sharing consumers’ online viewing habits, the plaintiff in the suit told the Second Circuit U.S. Court of Appeals in a Dec. 19 appellant brief appealing the subsequent dismissal of his VPPA claims that the trial court wrongly used an “ordinary person” test that should be rejected as atextual, per recent Supreme Court case law....