Use Your Illusory: Dallas Federal Judge Allows Privacy Suit Against Blockbuster to Proceed

As if Blockbuster needed any more problems, now comes news that U.S. District Court Judge Barbara Lynn of the Northern District of Texas is allowing a Dallas woman to continue her lawsuit against the Elm Street-based video-rental company. The case stems from Cathryn Elaine Harris’s claims that Blockbuster’s violated her rights to privacy by allowing Facebook to post her video rentals online, thus allowing others to see what she was watching in, ya know, the privacy of her own home.

Blockbuster tried to argue that, look, its user agreement says right there in the fine print that suits like this one can’t be tried, merely arbitrated. To which Lynn said: Sorry, but that user agreement is “illusory.” Lynn takes particular issue with this language in the user agreement: “Blockbuster may at any time, and at its sole discretion, modify these Terms and
Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting.”