Rodriguez v. Sony Computer Entertainment America, LLC

Daniel Rodriguez (plaintiff) used the PlayStation network developed by Sony Computer Entertainment America, LLC (Sony) (defendant) to rent and purchase video games and movies. After Sony modified its streaming system, Rodriguez stopped using the service. Rodriguez later claimed that even after he stopped using the service, Sony continued to store his personal information related to movies that he had rented and purchased. Due to this continued storage, Rodriguez sued Sony and its various related corporate entities for violating the Video Privacy Protection Act of 1988 (VPPA). The VPPA was a federal law that regulated video service providers’ retention and disclosure of consumers’ information. Specifically, the VPPA prohibited disclosure of consumers’ personal information, subject to several exceptions, including if disclosure was incident to the ordinary course of business. The next subsection in the VPPA provided that aggrieved persons could bring civil actions against those who violated its provisions. After these subsections regarding disclosure and private causes of action followed provisions requiring video service providers to destroy personal information no later than a year after the information was no longer necessary to retain. Unlike the disclosure provisions, there was no specific cause of action for retention violations. Rodriguez made two claims: (1) Sony violated the VPPA by retaining his information beyond a year and (2) Sony violated the VPPA by disclosing his information to its corporate entities. Sony moved to dismiss the claims, which the district court granted. Rodriguez appealed.