Fla. Law Firms Bring Metal Pixel VPPA Claims vs. Dow Jones, National Geographic

Dow Jones and National Geographic Partners knowingly disclosed to Facebook information that identifies plaintiffs and class members, said two Video Privacy Protection Act (VPPA) class actions filed Tuesday by law firms of Jibrael Hindi, Hiraldo and Eisenband Law in U.S. District Court for Middle Florida in Tampa.

The complaints alleged Dow Jones’ Wall Street Journal and National Geographic embedded on their websites a Meta Pixel code provided by Facebook that tracked plaintiffs’ video viewing history while on their websites and reported the viewing history to Facebook along with plaintiffs' unique Facebook identification numbers, allege the complaints. The Meta Pixel JavaScript code loads a “small library of functions” that a website or app operator can use to track visitor activity on its website and app, including website pages visited, buttons clicked, information inputted, and content viewed, the complaints said.

Using Facebook IDs (FID), Meta is able to identify any users on its platform, allowing Facebook to “discern personal and identifying information about the user” that it collects when a user signs up for an account, said the complaints. Identifying information includes name, email address, mobile phone number, date of birth and gender, it said. Via the Pixel, the defendants disclosed to Facebook whether a video was requested or viewed on their websites, the name of the video, the URL associated with the video and their FID “in a single data transmission,” the complaints said.

Defendants didn’t inform the plaintiffs that their personally identifiable information (PII) would be shared with Facebook, nor did they obtain their informed, written consent to share it, the complaints said. Defendants also failed to give plaintiffs an opportunity, “in a clear and conspicuous manner, to prohibit the disclosure” of their PII, said the complaints.

Dow Jones and National Geographic shared plaintiffs’ viewing history without notifying them and without their consent, said the complaints. Defendants in both lawsuits are videotape service providers, under the VPPA, because they engaged in the business of delivering audio visual materials through their websites or apps, said the complaints. Defendants’ business models are “centered, tailored, and/or focused around providing audio-visual content,” they said.

Plaintiff Julio Garcia of Hernando County, Florida, was a Facebook subscriber during the relevant time period and used a digital subscription to view video content on the Wall Street Journal website, said the Garcia complaint (docket 8:23-cv-02351). Plaintiff Tram Nguyen of Pinellas County, Florida, subscribed to National Geographic and was a Facebook subscriber during the relevant period, said the Nguyen complaint (docket 8:23-cv-02359). Both plaintiffs seek an award of actual damages, or if damages are lower than $2,500, liquidated damages of $2,500 per violation to them and class members, plus punitive and statutory damages, and attorneys’ fees.