Patreon Disclosing of Subscriber Information to Facebook Class Action

Patreon, Inc. offers music, podcasts, and videos on its website to its subscribers. Subscribers pay different monthly rates for the material they choose. But the complaint for this class action alleges that Patreon discloses to Facebook the videos subscribers watch, without their consent, along with their Facebook IDs (FIDs). The complaint claims this violates the federal Video Privacy Protection Act (VPPA) as well as state laws.

The Nationwide Class for this action is all persons in the US who subscribed to Patreon.com, viewed video content on Patreon.com, and used Facebook during the time Facebook’s Pixel was active on Patreon.com. A California Subclass has also been proposed for those in the above class in California.

The complaint describes the law this way: “The VPPA prohibits ‘video tape service providers,’ such as Patreon, from knowingly disclosing consumes’ personally identifiable information (‘PII’), including ‘information which identifies a person as having requested or obtained specific video materials or services from a video tape provider,’ without the person having expressly given consent in a standalone consent form.”

Patreon shares its subscribers’ video viewing information with Facebook, the complaint alleges, using something called a “Facebook Pixel” that is installed on a webpage and thereafter sends information to Facebook. The complaint claims that, along with the information on videos viewed, Patreon sends the person’s FID, which enables Facebook to connect the person to their Facebook profile and all their other associated information.

The Pixel is “an advertising tool,” the complaint says, that is used by advertisers to better target their products to consumers. The complaint alleges that its purpose is therefore “to increase the business’s profits.” The complaint claims, “As of January 2022, more than 30 percent of popular websites have an embedded Facebook Pixel.”

According to the complaint, Facebook also benefits from the Pixel: “When the Pixel is installed on a business’s website, the business has a greater incentive to advertise through Facebook or other Meta-owned platforms…” Whether the business chooses to advertise with Facebook or not, the complaint says, “the Pixel assists Facebook in building more fulsome profiles of its own users, which in turn allows Facebook to profit from providing more targeted ads.”

Patreon does not tell users it shares their information with any other party, the complaint alleges, and it does not get users’ consent, via a standalone consent form or any other way. Because of this, the complaint claims, it violates users’ privacy rights.

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