Redbox Automated Retail, LLC v. Sterk

Redbox rents DVDs, Blu-ray discs, and video games from automated retail kiosks and was sued under the Video Privacy Protection Act, 18 U.S.C. 2710. The district court held that Act provisions requiring destruction of records containing personally identifiable information can be enforced by suit for damages. After deciding to accept the interlocutory appeal because it will materially advance the ultimate termination of the class action, the Seventh Circuit reversed. The court noted the placement of the damages remedy in the statute, after description of a prohibitions on knowing disclosure of personally identifiable information, but before prohibition on use of such information before tribunals or the record-destruction mandate. The court also noted the "unsuitability" of those provisions to damage awards.View "Redbox Automated Retail, LLC v. Sterk" on Justia Law