VPPA EXPERT WITNESS TESTIMONY, CONSULTING & TESTIFYING CONSULTANT SERVICES

A VPPA expert witness testifying consulting pro offers professional analysis and testimony in legal cases involving the Video Privacy Protection Act (VPPA)—a U.S. federal law enacted in 1988 to protect the privacy of individuals’ video viewing habits.

Originally passed after a journalist published the video rental history of Supreme Court nominee Robert Bork, per top VPPA expert witnesses, it prohibits “video tape service providers” from knowingly disclosing a consumer’s personally identifiable information (PII) along with details about the videos they watch, rent, or purchase—without the consumer’s consent.

A VPPA expert witness is typically called upon in civil lawsuits, generally class actions, where plaintiffs allege that companies violated the act by improperly sharing video viewing data with third parties (like advertisers, analytics firms, or social media platforms) without obtaining clear, informed consent.

The job of a top VPPA expert witness includes:

• Interpreting the scope of the law, especially how it applies to modern digital platforms, including streaming services, news websites, or apps that embed video content.

• Analyzing technical evidence, such as how user data is collected, stored, and shared via cookies, tracking pixels, or APIs.

• Assessing whether the company qualifies as a “video tape service provider” under the VPPA’s definition.

• Evaluating whether the information disclosed could be considered personally identifiable, particularly in combination with other data.

The best VPPA expert witnesses tend to come from backgrounds in data privacy, digital marketing, information technology, or privacy law. SMEs may submit written reports or testify in court to help judges and juries understand whether a company’s practices violated legal standards.

As the use of online video and data analytics grows, lawsuits have increased—generally targeting websites or platforms that auto-play videos and track user interactions. A knowledgeable VPPA expert witness is helpful in these cases to clarify the law’s application in a rapidly evolving digital environment.

Any given VPPA expert witness serves as a guiding in dealing with the intersection of video privacy law, user data, and modern technology in legal disputes.