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Sterk v. Redbox Automated Retail

United States Court of Appeals for the Seventh Circuit
672 F.3d 535 (2012)

Written by Angela Patrick, JD

Facts

Redbox Automated Retail, LLC (Redbox) (defendant) operated automated retail kiosks that allowed consumers to rent videos and video games. Kevin Sterk (plaintiff) filed a class-action lawsuit against Redbox for violations of the federal Video Privacy Protection Act (VPPA). One of Sterk’s claims was that Redbox had violated the VPPA by failing to destroy the consumers’ personally identifiable information within the time allowed by the statute. Sterk sought damages for this alleged violation. Redbox moved to dismiss the claim, arguing that the VPPA did not allow a private right of action for damages for violations of the information-destruction provision. The district court denied the motion, and Redbox appealed to the Seventh Circuit.

Rule of Law

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Holding and Reasoning (Posner, J.)

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