An obscure law from the days of VHS tapes and video rental stores is making a massive comeback, and it’s putting adult entertainment websites squarely in the crosshairs. A recent wave of class-action lawsuits is targeting platforms for using a tool almost everyone has: Google Analytics. The Free Speech Coalition (FSC) recently broke down the issue, and it’s a wake-up call for anyone in the industry with video content on their site.
So, what’s going on, and how can you keep your business from becoming the next target? Let’s dive in.
The 1988 Law Causing 2024 Headaches
The whole mess boils down to the Video Privacy Protection Act (VPPA). This US federal law was famously passed back in 1988 after a newspaper got its hands on the video rental history of Supreme Court nominee Robert Bork. The public outcry led to a law that forbids companies from sharing a person’s video-watching history combined with their “personally identifiable information” (PII) without getting their explicit permission first.
You might be thinking, “We don’t rent out tapes, so what’s the problem?” Well, plaintiffs’ lawyers are arguing that “personally identifiable information” isn’t just a name or email. They claim it includes digital fingerprints like IP addresses, customer IDs, and device identifiers—exactly the kind of data Google Analytics and Meta pixels track automatically.
As the FSC explains in their analysis, the lawsuits are startlingly similar, often using “cookie-cutter” complaints. They allege that a website:
“…collects and transmits information related to individuals’ use of the Website, including the specific pornographic videos that they watch… to third party advertisers, including Alphabet Inc. (‘Google’), through the use of surreptitious online tracking tools.”
If your site sends Google data that says “User #54321 watched ‘Video Title X’,” you could be at risk. The penalties are steep, with potential damages starting at $2,500 per person, plus punitive damages.
Why Now? The Industry Under the Microscope
This isn’t just a random legal flare-up. According to reports from the American Bar Association and other legal experts, there has been a massive surge in VPPA litigation since 2022, hitting everyone from news outlets to streaming services. However, adult platforms are seen as particularly attractive targets.
Law firms are actively advertising online, looking for subscribers of adult websites to join their cases. The lawsuits often don’t stop at the VPPA, either. They frequently tack on a laundry list of other claims, including:
- Invasion of privacy
- Negligence
- Breach of implied contract
- Violations of federal and state privacy laws (like those in California and New York)
This isn’t just a hypothetical threat; it’s an active legal strategy unfolding right now, turning a standard business tool into a significant liability.
How to Protect Your Platform
So, what can you do? While there’s no foolproof way to avoid a lawsuit, the FSC and other industry experts strongly recommend a proactive approach focused on one key thing: consent.
And not just any consent. Simply burying a line in your lengthy Terms & Conditions won’t cut it. The VPPA is very specific about what’s required.
1. Get Explicit, Separate Consent
The law demands “informed, written consent” that is presented in a form “distinct and separate from any form setting forth other legal or financial obligations.” This means you need a clear, standalone pop-up or banner asking users for permission to share their viewing data with third parties like Google *before* you actually do it.
2. Make It Easy to Say No (or Take It Back)
Your consent request must be presented in a “clear and conspicuous manner.” Users must also be able to withdraw their consent easily, either on a case-by-case basis or entirely. This is a non-negotiable part of compliance.
3. Keep Records and Stay Current
You need to be able to prove when a user gave their consent. The law also requires that this consent be reaffirmed at least every two years. This is where automation can be your best friend.
If managing all this sounds like a nightmare, you’re not alone. Thankfully, there are many Consent Management Platforms (CMPs) available—some are even free—that can integrate with Google Analytics to handle these legal requirements, helping you comply with the VPPA, GDPR, and other privacy laws.
“While there is no way to guarantee that your company will not be targeted, experts… recommend limiting your risk by ensuring that you have your customers’ consent prior to sharing their data with third parties.”
Ultimately, this is about more than just dodging lawsuits. In an era where users are more concerned about their digital privacy than ever, being transparent and respectful of their data is just good business. As always, the FSC advises consulting a legal advisor who specializes in the adult industry to get advice tailored to your specific situation. Taking these steps now could save you a world of trouble later.
* Thumbnail from asnhub.com
