Osheske

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL OSHESKE, individually and No. 23-3882 on behalf of all others similarly D.C. No. situated, 2:22-cv-09463-

HDV-JC

Plaintiff - Appellant,

v.

OPINION

SILVER CINEMAS ACQUISITION

COMPANY, doing business as Landmark Theaters,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Hernan Diego Vera, District Judge, Presiding

Argued and Submitted October 7, 2024 San Francisco, California

March 27, 2025

Before: M. Margaret McKeown, Lucy H. Koh, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge McKeown SUMMARY *

Video Privacy Protection Act

Affirming the district court’s dismissal, for failure to state a claim, of an action against Silver Cinemas Acquisition Co., doing business as Landmark Theaters, the panel held that the Video Privacy Protection Act does not apply to the business of providing a classic in-theater movie- going experience. When plaintiff Paul Osheske bought a movie ticket on Landmark’s website, Landmark shared the name of the film, the location of the showing, and Osheske’s unique…