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Michael Salazar v. Paramount Global, dba 247Sports

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5748 · judgment April 3, 2025


Set for argument · October 14, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Video Privacy Protection Act (“VPPA”) contains a one-sentence liability clause. It prohibits a “video tape service provider” from “knowingly disclos[ing], to any person, personally identifiable information concerning any consumer of such provider.” 18 U.S.C. § 2710(b)(1). The statute defines “consumer” broadly to include a “subscriber of goods or services from a video tape service provider.” Id. § 2710(a)(1). It defines “personally identifiable information” to include information that “identifies a person as having requested or obtained specific video materials or services from a video tape service provider.” Id. § 2710(a)(3). And it defines “video tape service provider” to include those in the business of delivering audiovisual materials. Id. § 2710(a)(4). Paramount is a “video tape service provider.” Both courts below assumed as much. Michael Salazar subscribed to Paramount’s online newsletter, which he used to view videos. Paramount then disclosed Mr. Salazar’s Facebook ID and his video-watching history to Facebook. That information counts as “personally identifiable information.” Again, both courts below assumed as much. The question here is whether the phrase “goods or services from a video tape service provider,” as used in the VPPA’s definition of “consumer,” refers to all of a video tape service provider’s goods or services or only to its audiovisual goods or services.

Counsel of record

For petitioner
Joshua Ian Hammack
Bailey & Glasser, LLP

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Conference history
Distributed for 2 conferences

Amicus briefs
14 merits
(3 supporting pet./neither, 11 respondent)

Linked docket
25A140

Proceedings

  1. Aug 20 2026
    Record received electronically from the United States District Court for the Middle District of Tennessee and available with the Clerk.
  2. Aug 18 2026
    Record received from the United States Court of Appeals for the Sixth Circuit. The record is electronic and is available on PACER.
  3. Aug 17 2026
    CIRCULATED
  4. Aug 13 2026
    Record requested from the United States Court of Appeals for the Sixth Circuit.
  5. Aug 04 2026
    SET FOR ARGUMENT on Wednesday, October 14, 2026.
  6. Jul 23 2026
    Reply of petitioner Michael Salazar filed.
  7. Jun 30 2026
    Brief amici curiae of Washington Legal Foundation, et al. filed.
  8. Jun 30 2026
    Brief amicus curiae of National Retail Federation filed.
  9. Jun 30 2026
    Brief amicus curiae of The Retail Litigation Center, Inc. filed.
  10. Jun 30 2026
    Brief amici curiae of Motion Picture Association, Inc., et al. filed.
  11. Jun 30 2026
    Brief amicus curiae of News/Media Alliance filed.
  12. Jun 30 2026
    Brief amicus curiae of Meta Platforms, Inc. filed.
  13. Jun 30 2026
    Brief amicus curiae of America's Newspapers filed.
  14. Jun 30 2026
    Brief amicus curiae of Chamber of Commerce of the United States of America filed.
  15. Jun 30 2026
    Brief amicus curiae of Chamber of Progress filed.
  16. Jun 30 2026
    Brief amicus curiae of Entertainment Software Association filed.
  17. Jun 30 2026
    Brief amici curiae of Software & Information Industry Association, et al. filed.
  18. Jun 23 2026
    Brief of respondent Paramount Global, dba 247 Sports filed.
  19. Apr 24 2026
    Brief amici curiae of Electronic Privacy Information Center, et al. filed.
  20. Apr 24 2026
    Brief amicus curiae of Professor Victoria L. Schwartz filed.
  21. Apr 17 2026
    Brief of petitioner Michael Salazar filed.
  22. Mar 23 2026
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  23. Mar 19 2026
    Brief amicus curiae of Liberty Justice Center in support of neither party filed.
  24. Feb 18 2026
    Motion to dispense with printing the joint appendix filed by petitioner Michael Salazar.
  25. Feb 09 2026
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 17, 2026. The time to file respondent's brief on the merits is extended to and including June 23, 2026.
  26. Feb 06 2026
    Motion for an extension of time to file the briefs on the merits filed.
  27. Jan 26 2026
    Petition GRANTED.
  28. Jan 20 2026
    DISTRIBUTED for Conference of 1/23/2026.
  29. Dec 30 2025
    DISTRIBUTED for Conference of 1/16/2026.
  30. Dec 23 2025
    Reply of petitioner Michael Salazar filed. (Distributed)
  31. Dec 15 2025
    Brief of respondent Paramount Global, dba 247 Sports in opposition filed.
  32. Oct 29 2025
    Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2025.
  33. Oct 28 2025
    Motion to extend the time to file a response from November 14, 2025 to December 15, 2025, submitted to The Clerk.
  34. Oct 10 2025
    Petition for a writ of certiorari filed. (Response due November 14, 2025)
  35. Sep 05 2025
    Letter amending corporate disclosure statement of Paramount Global submitted.
  36. Aug 05 2025
    Application (25A140) granted by Justice Kavanaugh extending the time to file until October 10, 2025.
  37. Aug 05 2025
    Opposition to application for extension of time from respondent Paramount Global submitted.
  38. Jul 31 2025
    Application (25A140) to extend the time to file a petition for a writ of certiorari from August 11, 2025 to October 10, 2025, submitted to Justice Kavanaugh.