On January 26, the U.S. Supreme Court granted a petition for a writ of certiorari in a case that turns on how the term “consumer” is defined under the Video Privacy Protection Act (VPPA). The ultimate question for the justices will be whether the VPPA’s definition of “consumer” applies to someone subscribing to all goods or services from a video tape service provider, or if it only applies to someone subscribing to audiovisual goods or services (from a video tape service provider). The case’s outcome could implicate digital privacy and commercial concerns for businesses offering video streaming and content services.

The dispute arose after the U.S. Court of Appeals for the 6th Circuit interpreted the VPPA to require plaintiffs to subscribe specifically to audiovisual goods or services to be considered “consumers,” a position later adopted by the U.S. Court of Appeals for the D.C. Circuit. This caused a rift between the appellate courts — the 6th Circuit and the D.C. Circuit narrowed the definition of “consumer” to apply to someone subscribing to audiovisual goods or services, which the petitioners assert is wrong, while the 2nd and 7th circuits held that all goods and services would apply to the definition of “consumer.” The Supreme Court agreed to hear the case and weigh in on the interpretation of the law.