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Duane Morris Takeaway:This week's episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman and senior associate Hayley Ryan with their analysis of a California federal court's dismissal of an advertising technology ("adtech") class action alleging violations of the federal Video Privacy Protection Act ("VPPA"), the California Invasion of Privacy Act ("CIPA"), and California's Comprehensive Computer Data Access and Fraud Act ("CDAFA").
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Episode Transcript
Jerry Maatman: Thank you for being here again. My name is Jerry Maatman, and welcome to the next episode of our podcast series entitled The Class Action Weekly Wire. Joining me today is Hayley Ryan. Thanks so much for joining the podcast.
Hayley Ryan: Great to be here, Jerry. Thanks for having me.
Jerry: Today, we're going to dive into a very interesting decision, the dismissal of claims in a case entitled DellaSalla v. Samba TV. Can you give our listeners an overview of what this case was about?
Hayley: Absolutely, Jerry. The case was decided on October 30, 2025, by Judge Jacqueline Scott Corley in the U.S. District Court for the Northern District of California. In short, the plaintiffs were a group of smart TV owners who alleged that Samba TV's advertising technology invaded their privacy and violated a handful of statutes, including the federal Video Privacy Protection Act, or the VPPA, and two California laws: the California Invasion of Privacy Act, or CIPA, and the Comprehensive Computer Data Access and Fraud Act, or CDAFA.
Jerry: Well, those of us in the class action space know that this is the new so-called "tort of the day," with what are known as adtech privacy class actions, being filed across the United States with hundreds, if not thousands, of these sorts of lawsuits. To you, and I know you follow this area closely, what stood out about this particular ruling?
Hayley: Sure, what's significant here is the court's clear message. Privacy class actions can't just rely on broad or vague allegations. The plaintiffs have to spell out exactly what information was allegedly disclosed, and why that disclosure would be considered highly offensive. That's particularly important for the common law invasion of privacy claims that often accompany statutory ones.
Jerry: So, as I understand it, the gravamen of the claim was that the TV was intercepting viewing data, what you watched, when you watched it, and then tying that to some sort of ad targeting? Is that what this case was all about?
Hayley: Exactly, Jerry. They claimed that this kind of real-time data collection violated those privacy statutes and amounted to a common law invasion of privacy. But Samba TV pushed back, arguing that none of the California laws applied because the plaintiffs lived in North Carolina and Oklahoma, that the VPPA did not apply because Samba was not a videotaped service provider, and that there was nothing highly offensive about what was allegedly collected.
Jerry: As I read the opinion here, the court endorsed the defense positions and threw out the plaintiffs' claims. Could you elaborate on the reasoning behind the court's theories here?
Hayley: Sure. So, the court dismissed all claims. First, on the California statutes, the CIPA and CDAFA, the judge found that they simply do not apply extraterritorially. Because the alleged conduct occurred in North Carolina and Oklahoma, where the plaintiffs reside, and not in California, those claims were dismissed.
Jerry: That seems to be a very helpful gloss on those statutes, because almost all these companies operate in California, even though they may be headquartered in other states, and yet are hauled into court and sued over and over again in these California-based class actions.
Hayley: Yeah, it's certainly a helpful clarification for companies in California who operate nationwide. And then on the VPPA claim, the court took a close look at the definition of a videotape service provider, which applies to entities engaged in the rental, sale, or delivery of pre-recorded video materials. The plaintiffs tried to stretch that definition, saying Samba TV's software was part of the TV ecosystem that delivers videos.
Jerry: In essence, the court thought that was stretching the law too far and the parameters of the case just out of control.
Hayley: Right, so Judge Corley said Samba TV was not delivering video content, but that it was analyzing usage data. So, the VPPA did not apply, because collecting data about video watching is not the same as delivering video content itself.
Jerry: That, you know, actually makes good sense to me. What about the common law invasion of privacy claim? How did the judge interpret that and rule on that particular cause of action?
Hayley: Yeah, so this was probably the most interesting part of the opinion. The court found that the plaintiffs' allegations were too vague because they failed to identify any specific shows or videos they watched. They did not describe what was supposedly private about the data, and they did not explain how tying it to an anonymized identifier was highly offensive. So, the court found that the plaintiffs did not plausibly allege a violation of privacy.
Jerry: That seems to be a very common sense reading of the law, because these cases come down to 'my viewing data or my keystrokes were viewed, and therefore my privacy was violated.' What do you think is the big takeaway from this decision for companies?
Hayley: So, I think that there are three main takeaways. First, plaintiffs can't use state privacy laws like the CIPA and the CDAFA if they're outside of California. Second, the VPPA doesn't apply to analytics or adtech companies that merely collect viewing data. They have to actually deliver or sell video content. And third, for common law invasion of privacy claims, vague allegations just won't cut it, and plaintiffs need specificity and a plausible showing of offensiveness.
Jerry: Seems to me that defendants are going to be citing this ruling in many of their briefs in the coming months in privacy and adtech-related class actions for the notion that tracking doesn't equate to invasion or a viable cause of action.
Well, thanks for breaking down this decision and explaining it to our listeners, and thanks for your thought leadership in this area. Great to have you with us.
Hayley: Thanks, Jerry, and thanks, listeners. It was a pleasure to be here.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
