Leslie v. Thomson Reuters Corporation

Background

Christina Leslie brought a proposed class action against Thompson Reuters Corporation, identified in the opinion as the owner of Reuters.com. Leslie alleged that Reuters.com disclosed users’ personally identifiable information to Facebook through the Facebook Pixel, violating the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710.

Thompson Reuters moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal when a complaint does not adequately state a legal claim. Among other arguments, Thompson Reuters contended that Leslie had not alleged that she was a “consumer” protected by the VPPA.

Reason for the Stay

The court noted that the VPPA protects “consumers,” including subscribers of goods or services from a video tape service provider, but that the statute does not define “subscriber.” Several Southern District of New York decisions had addressed that term in the context of online video streaming. A related case, Salazar v. National Basketball Association, was on appeal to the Second Circuit, and the appeal raised whether the plaintiff qualified as a VPPA consumer.

The court determined that the Second Circuit’s decision in Salazar would likely affect an important issue in Leslie’s case. Proceeding before that decision could create unnecessary expense, complicate the case, or result in a ruling inconsistent with the appellate court’s decision.

Ruling

Judge Jennifer H. Rearden stayed the case. The court did not rule on the motion to dismiss, the meaning of “consumer” or “subscriber” under the VPPA, or the merits of Leslie’s allegations. The Clerk of Court was directed to mark the case as stayed. Within seven days after the Second Circuit’s decision in Salazar, the parties must file a joint letter addressing any effect of that decision on this case.