Hulu has been fighting to get a case thrown out that as to do with it allegedly sharing the viewing habits of its users illegally. The plaintiffs in the case claim that Hulu illegally shared viewing habits of its users with Facebook and comScore. Hulu had gone before a US Magistrate Judge named Laurel Beeler in an attempt to get the suit dismissed.
The judge didn’t agree with Hulu’s assertion on the case and has said that the case will move forward. Hulu maintained that viewers would need to show actual injury by the sharing of the information to recover any damages. Hulu says that the viewers needed to prove damage even if the qualified as “aggrieved” persons under a 1988 law protecting the privacy of video renters.
The law is called the Video Privacy Protection Act or VPPA and was adopted after a newspaper ran an article in 1987 about movies rented by Supreme Court nominee Robert Bork. The judge decided against Hulu stating that the stature requires only injury in the form of wrongful disclosure.
The suit is a class action on behalf of all Hulu users across the country. The case is seeking damages of at least $2500 per violation plus punitive and other damages. The suit claims that the information shared by Hulu allows Facebook to link viewing habits with personal identifying information.