Fandom Reveals Video Viewing Info to Meta with Pixel VPPA Class Action

Fandom, Inc. describes itself as the “world’s largest entertainment & gaming fan platform” but the complaint for this class action alleges it violates the Video Privacy Protection Act (VPPA). How does it do that? The complaint alleges it sends users’ video-viewing preferences and other personally identifiable information (PII) to Meta Platforms, Inc. without the users’ consent. Meta is the owner of Facebook and Instagram.

The Nationwide Class for this action is all persons living in the US who viewed video content on Fandom, were Facebook or Instagram users while Meta’s Pixel was active on Fandom, and were logged into Facebook or Instagram during that time as well.

The VPPA is intended to keep consumer video-viewing information private. The complaint quotes it as forbidding “video tape service providers” like Fandom from knowingly sharing consumers’ PII, including “information which identifies a person as having requested or obtained specific video materials or services from a video tape provider,” unless the person has expressly consent to this via a standalone consent form.

The information is collected via a Meta “Pixel” or piece of code that is embedded in Fandom’s website and that sends information directly to Meta. The complaint alleges, “Fandom discloses the user’s Facebook Profile ID and viewing content to Meta together in a single, unencrypted transmission in violation of the VPPA.” The Facebook ID allows Meta to combine the video viewing info with other information about the user on Facebook, including demographic info, interests, images, work history, relationship status, and so on.

The Pixel is used for advertising and analytics, tracking visitors’ actions on the Fandom website. The complaint alleges that “websites use the Pixel to collect analytical data about how users use its website and in turn, are able to target more specific ads to their users. Thus, the Pixel is installed within the code of a website, such as Fandom, to increase the business’s profits.”

The Pixel also benefits Meta, because if the business has the Pixel, it “has a greater incentive to advertise through Facebook or other Meta-owned platforms, like Instagram. In addition, even if the business does not advertise with Meta, the Pixel assists Meta in building more fulsome profiles of its own users, which in turn allows Meta to profit from providing more targeted ads.”

Fandom users do not consent to this sharing of information, the complaint claims, because the VPPA requires that the consent be given on a form that is “distinct and separate from any form setting forth other legal or financial obligations of the consumer.”

Article Type: Lawsuit
Topic: Privacy
Tags: Sharing Personal Information with Third Parties, VPPA, Your Privacy, disclos