Film Room: Updates on data lawsuits, eligibility challenges and the football transfer portal window

VPPA and CIPA Claims Against SportsEdTV Survive Motion to Dismiss

Last week, a federal court in California denied defendant SportsEdTV’s motion to dismiss a proposed class action alleging that SportsEdTV—which hosts sports training videos—violated the Video Privacy Protection Act (VPPA) and the California Invasion of Privacy Act (CIPA). 

The plaintiff claimed that SportsEdTV disclosed personally identifiable information and video viewing history via code that tracks user identity and behavior to a third party without proper notice or consent. Notably, the court found that the plaintiff sufficiently pled both the VPPA and CIPA claims. 

Another “Five-Year Rule” Court Decision

On September 18, a federal court in Nevada granted University of Nevada Las Vegas (UNLV) football student-athlete Tatuo Martinson’s request for a preliminary injunction, enjoining the enforcement of the membership’s five-year rule. Prior to enrolling at UNLV, Martinson had been enrolled at a junior college, like other student-athletes who have had varying success in challenges to the application of the five-year rule. The decision adds to the growing patchwork of court decisions in such cases across the country.

Football Spring Transfer Portal Window Eliminated

On September 17, Nick Bromberg of Yahoo! Sports reported that the NCAA Division I Administrative Committee voted to eliminate the football spring transfer portal window we discussed earlier this month. The report noted that specific dates of the expected January window are still subject to finalization.

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