Fubo moved to toss the suit in November, arguing that Burdette’s complaint doesn’t adequately allege the streaming service unlawfully disclosed her PII to third parties, that the complaint fails to allege that Fubo is a “video tape service provider” and that the suit is barred by the “ordinary course of business” exception to the VPPA.
But in his order Wednesday, Judge Leinenweber found that Burdette has plausibly alleged Fubo is a “video tape service provider,” noting that at this stage of the case, inferences about whether she watched live or prerecorded materials are drawn in her favor.
