Amazon asks appellate court to block revival of Prime Video privacy suit

The outcome will define the liability limits for diversified tech giants that manage video data alongside other business units. If the 9th Circuit accepts the 'warehouse' theory as a form of disclosure, streaming providers may be forced to implement strict internal data silos or risk statutory damages under the VPPA for cross-departmental analytics. This aligns with a broader judicial trend of modernizing the 1988 law for the streaming era. Industry observers should watch for the scheduling of oral arguments, which will signal how deeply the court intends to probe Amazon's internal technical architecture.

The Amazon appeal is part of a significant surge in litigation involving the Video Privacy Protection Act (VPPA), a Reagan-era law originally drafted to protect physical video rental records. While the law was nearly dormant for decades, it has been revitalized by plaintiffs targeting the use of tracking pixels and automated data sharing. Per WilmerHale in January 2026, appellate courts are increasingly being asked to provide a narrower reading of the VPPA as it applies to modern digital infrastructure, though interpretations remain inconsistent across different circuits.

This legal activity has created a notable circuit split regarding the definitions of 'consumer' and 'personally identifiable information' under the act. For example, per Time in September 2025, the U.S. Supreme Court agreed to hear Salazar v. Paramount Global to resolve whether an individual must subscribe to video services specifically, or if any subscription relationship—such as a newsletter—grants them standing under the VPPA. That decision, expected later in 2026, will likely influence the threshold for who can bring suits against platforms like Amazon.

Amazon itself is navigating a broader landscape of high-stakes privacy and consumer protection litigation. In September 2025, per Time, the company reached a record $2.5 billion settlement with the Federal Trade Commission over allegations related to its Prime subscription enrollment and cancellation processes. Furthermore, Amazon recently settled a genetic privacy lawsuit in June 2026 regarding worker data, according to The HR Digest. These cases underscore the heightened regulatory and legal scrutiny on Amazon’s data-handling practices across its entire ecosystem, from fulfillment centers to streaming entertainment.