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Osheske v. Silver Cinemas Acquisition Co.

Published by Crandall Consulting · Informational litigation intelligence · Last substantive update: October 12, 2026

United States Court of Appeals for the Ninth Circuit
Court
Federal
Jurisdiction
2025-03-27
Decision Date
Lawsuit
Matter Type

Docket / citation: No. 23-3882

Risk scores, classifications, statistics, and technical findings are informational guidelines based on observed website behavior and publicly available litigation activity, statutes, court decisions, legal commentary, and other public sources. They are not legal advice, legal opinions, or determinations of liability.

Summary

Paul Osheske filed a putative class action against Silver Cinemas Acquisition Co., doing business as Landmark Theaters, concerning disclosure of website ticket purchase information to Facebook through a pixel. The Ninth Circuit affirmed dismissal for failure to state a claim, holding that selling tickets to and providing an in-theater movie experience is not a business subject to the VPPA.

Litigation Status

Decided
Current Status
Defense-favorable (as reported)
Reported Outcome Direction
Statutory interpretation
Ruling Stage
Binding
Precedential Weight

Status, direction, and weight describe how tracked public sources characterize this matter as of our last review — they are informational classifications, not legal assessments.

Procedural Posture

Appeal from the Central District of California’s dismissal of a putative class action without leave to amend; the Ninth Circuit affirmed.

Reported Holding

The Ninth Circuit held that selling tickets to and providing an in-theater movie experience is not a business subject to the VPPA and affirmed dismissal for failure to state a claim.

What the Court Decided

The panel affirmed the district court’s dismissal, concluding that the business of providing a classic in-theater movie-going experience falls outside the VPPA’s coverage.

Significance

Generally viewed as defense-favorable. Characterizations of significance describe how the matter has generally been discussed in tracked public sources; individual holdings are often narrow, procedural, or fact-specific, and this page does not state or imply broader holdings than the sources support.

What This Page Does and Does Not Say

This page reports what our tracked public sources say about this matter — including, where identified, the procedural posture (for example, a ruling on a motion to dismiss is not a final merits decision). It does not report legal conclusions beyond those sources, does not predict outcomes, and does not constitute legal advice.

Technologies at Issue

Third parties named or identified in tracked sources: Facebook.

Statutes Invoked

Claims Asserted

Claims identified in tracked public sources; pleadings may include additional or amended claims.

What This Matter May Mean for Website Operators

For operators using similar technologies, the recurring factual questions in matters like this one are whether advertising pixels transmit page URLs or hashed form data before a consent choice. Our scanner tests these behaviors empirically.

The reported outcome direction at the statutory interpretation stage reflects how tracked sources characterize the ruling; such rulings are often narrow, posture-specific, and fact-bound rather than broad statements of law.

Detection of a similar technology on a website is an informational risk indicator, not a legal conclusion, and nothing in this section is legal advice.

Related Intelligence

Sources

About This Page

Publisher: Inspection-Ready Institute, Inc. (DBA Crandall Consulting), an independent website compliance and risk consultancy. We are not a law firm and nothing on this page is legal advice.

How this content is produced: Facts are extracted from publicly available sources — court and government materials, recognized legal press, professional analysis, and industry reports — by our litigation intelligence engine, stored with full source provenance, and rendered from the database. Risk guidelines are computed by a deterministic formula, never by an AI model directly. See the full methodology.

Limitations: Counts labeled "Tracked" reflect matters identified in our source set and are not official court statistics. We report what courts decided and did not decide; we do not predict outcomes.

Corrections: If you believe anything on this page is inaccurate, contact us via the contact page and we will review the underlying sources promptly.

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