Desmond Banks v. CoStar Realty Information, Inc. — 8th Cir. (Sep 23, 2026)
An apartment search becomes a video-privacy lawsuit. Desmond Banks says he watched prerecorded apartment tours on Apartments.com while a tracking code called Meta Pixel sent Facebook details of his viewing. He sued the site's operator, CoStar, under the Video Privacy Protection Act, which restricts certain disclosures of a video customer's identifying information. A Missouri federal judge dismissed the suit: CoStar was not a covered video-service provider, Banks was not a covered consumer, and the alleged data did not identify him as the law requires. Banks appeals. The central fight is whether apartment-tour videos make CoStar a business that delivers prerecorded audiovisual material, and whether opening a free account makes Banks a statutory subscriber. The judges also compare a recent ruling about free movie trailers.
Desmond Banks v. CoStar Realty Information, Inc. (No. 25-3320) — U.S. Court of Appeals for the Eighth Circuit, argued September 23, 2026.
- 0:00Introduction
- 1:01Advocate — Jordan Frysinger
- 13:09Advocate — Bonnie DelGobbo