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U.S. Code as of:
01/19/04
Section 2710. Wrongful disclosure of video tape rental or sale records
(a) Definitions. - For purposes of this section -
(1) the term "consumer" means any renter, purchaser, or
subscriber of goods or services from a video tape service
provider;
(2) the term "ordinary course of business" means only debt
collection activities, order fulfillment, request processing, and
the transfer of ownership;
(3) the term "personally identifiable information" includes
information which identifies a person as having requested or
obtained specific video materials or services from a video tape
service provider; and
(4) the term "video tape service provider" means any person,
engaged in the business, in or affecting interstate or foreign
commerce, of rental, sale, or delivery of prerecorded video
cassette tapes or similar audio visual materials, or any person
or other entity to whom a disclosure is made under subparagraph
(D) or (E) of subsection (b)(2), but only with respect to the
information contained in the disclosure.
(b) Video Tape Rental and Sale Records. - (1) A video tape
service provider who knowingly discloses, to any person, personally
identifiable information concerning any consumer of such provider
shall be liable to the aggrieved person for the relief provided in
subsection (d).
(2) A video tape service provider may disclose personally
identifiable information concerning any consumer -
(A) to the consumer;
(B) to any person with the informed, written consent of the
consumer given at the time the disclosure is sought;
(C) to a law enforcement agency pursuant to a warrant issued
under the Federal Rules of Criminal Procedure, an equivalent
State warrant, a grand jury subpoena, or a court order;
(D) to any person if the disclosure is solely of the names and
addresses of consumers and if -
(i) the video tape service provider has provided the consumer
with the opportunity, in a clear and conspicuous manner, to
prohibit such disclosure; and
(ii) the disclosure does not identify the title, description,
or subject matter of any video tapes or other audio visual
material; however, the subject matter of such materials may be
disclosed if the disclosure is for the exclusive use of
marketing goods and services directly to the consumer;
(E) to any person if the disclosure is incident to the ordinary
course of business of the video tape service provider; or
(F) pursuant to a court order, in a civil proceeding upon a
showing of compelling need for the information that cannot be
accommodated by any other means, if -
(i) the consumer is given reasonable notice, by the person
seeking the disclosure, of the court proceeding relevant to the
issuance of the court order; and
(ii) the consumer is afforded the opportunity to appear and
contest the claim of the person seeking the disclosure.
If an order is granted pursuant to subparagraph (C) or (F), the
court shall impose appropriate safeguards against unauthorized
disclosure.
(3) Court orders authorizing disclosure under subparagraph (C)
shall issue only with prior notice to the consumer and only if the
law enforcement agency shows that there is probable cause to
believe that the records or other information sought are relevant
to a legitimate law enforcement inquiry. In the case of a State
government authority, such a court order shall not issue if
prohibited by the law of such State. A court issuing an order
pursuant to this section, on a motion made promptly by the video
tape service provider, may quash or modify such order if the
information or records requested are unreasonably voluminous in
nature or if compliance with such order otherwise would cause an
unreasonable burden on such provider.
(c) Civil Action. - (1) Any person aggrieved by any act of a
person in violation of this section may bring a civil action in a
United States district court.
(2) The court may award -
(A) actual damages but not less than liquidated damages in an
amount of $2,500;
(B) punitive damages;
(C) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
(D) such other preliminary and equitable relief as the court
determines to be appropriate.
(3) No action may be brought under this subsection unless such
action is begun within 2 years from the date of the act complained
of or the date of discovery.
(4) No liability shall result from lawful disclosure permitted by
this section.
(d) Personally Identifiable Information. - Personally
identifiable information obtained in any manner other than as
provided in this section shall not be received in evidence in any
trial, hearing, arbitration, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or a political subdivision of a State.
(e) Destruction of Old Records. - A person subject to this
section shall destroy personally identifiable information as soon
as practicable, but no later than one year from the date the
information is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access to
such information under subsection (b)(2) or (c)(2) or pursuant to a
court order.
(f) Preemption. - The provisions of this section preempt only the
provisions of State or local law that require disclosure prohibited
by this section.
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