Wednesday, October 14, 2026
Law

NFL Attempts to Aid NBA in Video Privacy Lawsuit

The lawsuit was dismissed in New York but revived through the U.S. Court of Appeals, leading the NFL to get involved.

Adam Silver
Stephanie Lecocq/Reuters via Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The NFL is attempting to give the NBA an assist in court. 

In 2023, a California man named Michael Salazar sued the league, alleging the NBA illegally violated his privacy by giving his data to Facebook and parent company Meta after he watched videos on the league’s website.

Salazar’s suit claims the NBA violated the Video Privacy Protection Act, a 1988 law that required video stores to protect their customers’ privacy.

The case was thrown out by the Southern District of New York in August 2023, but that ruling was vacated by the 2nd Circuit Court of Appeals in October 2024. 

Now, the NBA is trying to get the U.S. Supreme Court to hear its appeal to drop hundreds of similar cases.

The NFL and the National Retail Federation asked the court to grant the NBA’s petition to halt hundreds of class-action lawsuits surrounding video privacy against leagues, schools, media companies, and other outlets that use Facebook cookies to track user data, which plaintiffs say violates the VPPA. 

The law was written in 1988, after the video rental history of judge Robert Bork was published in a newspaper shortly after he was nominated to the Supreme Court. The law was amended in 2013 to account for online streaming, which included live sports and highlights, but both the NFL and NRF argue in their briefs that the law was enacted to protect physical purchase records and not with the internet in mind. 

“The explosion of VPPA class actions presents a pressing issue for online content providers across the nation,” the NFL’s attorneys wrote in its brief. “The decision … threatens such providers with massive liability unforeseen by Congress and incommensurate with any conceivable harm suffered by consumers. The Court’s intervention is necessary to stem the swelling tide of meritless lawsuits under the VPPA.”

In its filing, the NFL wrote that circuit courts have given mixed rulings on VPPA-related cases, with two determining that a “consumer” within the law’s meaning without purchasing or renting a video, while another court ruled the opposite. “The resulting conflict makes this case indisputably ripe for the Court’s review,” the league said in its filing. 

The NFL has dealt with its own share of VPPA-related lawsuits as have other professional sports leagues and other entities such as NBC and Paramount. It argued that by reviving the lawsuit, the courts broadened the statutes beyond what the law was intended for, which could lead to more baseless cases, such as if a fan bought a ticket and then watched a video on the league’s or team’s website, which would also open it up to a massive number of plaintiffs, given the number of sports fans. 

“The purported harm that respondent and other plaintiffs identify—the disclosure of data concerning their viewing history to Meta, an entity with which respondent admittedly holds an account—is no real harm at all,” the NFL wrote.

The NFL pointed out how most fans prefer to watch ads over paying for content ad-free, according to its consumer surveys.

“Consumers are well aware that enabling the use of cookies permits personalized advertising, and they recognize that much of the content they view on the Internet is free as a result,” the NFL wrote in its filing.

Even with the NFL’s help, the NBA could face an uphill road to see its case reach the Supreme Court. The high court approves roughly 1% of its petitions, which need four judges to agree to hear the case.

Attorneys for the NBA and NFL did not immediately respond to requests for comment. 

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

NFL Will Be Selective With Game-Day Schedule, Says Media Chief

International Super Bowl is “a little bit far” off.

Ohio Gov. Issues Executive Order Challenging NCAA Eligibility Policy

The EO may not have teeth, but it could still impact eligibility.

Pablo Torre: More Coming on Clippers, Life Surge … and LeBron?

LeBron’s relationship with Fanatics allows him to use its helicopter.

ESPN Exec Mike Foss: Pat McAfee ‘Might Be a Journalist At Heart’

Foss said he had “absolutely nothing” to say to McAfee’s critics.
podcast thumbnail mobile
Front Office Sports Today

10/14/26 – Live From FOS’s Tuned In: Chris Berman on NFL’s 18-Game Push, Pablo Torre Says He’s Investigating LeBron’s Chopper, and More

0:00

Featured Today

Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Oct 3, 2026; Starkville, Mississippi, USA; Alabama Crimson Tide head coach Kalen DeBoer waits to run onto the field prior to the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Petre Thomas-Imagn Images
October 7, 2026

Who Is Alabama Football in Year 3 Under Kalen DeBoer?

The No. 6 Crimson Tide host No. 2 Georgia on Saturday.
Cubs behind the scenes
October 6, 2026

Hollywood and TikTok: Sports Media’s New ‘Blueprint’

Teams and leagues are pouring money into the quest for fans.
October 2, 2026

How the Baseball Cap Became a ‘Behemoth’

The hat has become essential for athletes, fans, and the sports-agnostic.

PTPA Boss Accused of Harassment, Sexist Conduct in New Suit

The PTPA is listed as both a plaintiff and a defendant.
October 5, 2026

WPBL Records Case Alive Despite Board Member’s Firing

The league’s CEO tried to end the board member’s case by firing her.
First at FOS
October 13, 2026

Controversial Search Firm Memo on Brian Flores Unsealed by Court

The memo is evidence for several of Flores’s claims, his lawyers say.
Sponsored

Beyond the Scorecard: How Dow Is Putting Purpose at the Center of Women’s Golf

Discover how Dow and the LPGA are building a partnership with lasting impact.
Mar 16, 2026; Inglewood, California, USA; LA Clippers owner Steve Ballmer reacts against the San Antonio Spurs in the first half at Intuit Dome. Mandatory Credit: Kirby Lee-Imagn Images
Exclusive
October 2, 2026

Ballmer Drops Lawyer Who Called NBA Probe a ‘Witch Hunt’

O’Melveny & Myers had been representing Ballmer in multiple matters.
Polymarket logo appears in this illustration taken April 22, 2026.
September 24, 2026

New York Takes Aim at Polymarket With $4.6B Suit

“Our gambling laws exist to protect New Yorkers.”
September 17, 2026

Mark Walter and His Insurance Empire Face New Class Action Suit

An annuity holder sued the owner of the Dodgers and his companies.
Mar 21, 2026; Dallas, Texas, USA; LA Clippers forward Kawhi Leonard (2) looks on during the game between the Mavericks and the Clippers at American Airlines Center. Mandatory Credit: Jerome Miron-Imagn Images
September 11, 2026

Kawhi Leonard Saga Enters Uncharted Territory With Federal Probe

News of the probe comes a week after the NBA announced its punishment.