Chive Media Shares Viewing Data With Meta Without Consent: Complaint
Chive Media Group knowingly disclosed to a third party, Meta Platforms, data containing its digital subscribers’ personally identifiable information and tracking history without their consent, in violation of the Video Privacy Protection Act, alleged a Friday class action (docket 1:23-cv-00337) in U.S. District Court for Northern Illinois in Chicago.
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Lake County, Illinois, plaintiff Gregory Roland began subscribing to Thechive.com in 2012 and to views videos from the website while logged into his Facebook account, said the complaint. Roland’s personal viewing information -- his unique Facebook ID (FID) and video media viewed -- was shared to Facebook as a pixel code that was disclosed to Chive’s third-party business partners, it alleged. The Facebook pixel is a code Chive installed on its Thechive.com website allowing it to collect users’ data, said the complaint.
The code tracks when digital subscribers enter Thechive.com or app and view video media, then discloses to Facebook the viewed media along with the subscriber’s FID, said the complaint. It occurs even when the subscriber hasn’t shared, or consented to share, the information, it said. When a user clicks on and watches a video on the website or app, Thechive.com “sends the content name of the video the digital subscriber watched, the URL, and the digital subscriber’s FID to Facebook,” it said.
Chive uses the viewing information to build targeted advertising for revenue, said the complaint, allowing it to generate profit from its unauthorized disclosure of subscribers’ personal viewing information to Facebook. It gains “secret profits” at the expense of its subscribers’ privacy and their statutory rights under the VPPA, the complaint said.
Those who sign up for a Thechive.com digital account aren't notified their personal viewing information is being shared, said the plaintiff. The company also doesn’t obtain users’ written consent to collect that information “in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer,” as required by the VPPA, said the complaint. In addition to Facebook, “any ordinary person” who comes into possession of an FID “can learn the identity of the digital subscriber and the specific video or media content they requested” on Thechive.com website, it said.
The defendant discloses in its privacy policy that it collects and discloses certain personal information to third parties “but fails to advise it discloses personal viewing information,” said the complaint. The defendant “could easily program its website” and app to prevent users’ personal viewing information from being automatically transmitted to Facebook when a subscriber views videos, but it isn't in its interest to do so, said the plaintiff.
The class action seeks $2,500 for the plaintiff and each class member as provided by the VPPA, punitive damages, prejudgment interest on all amounts awarded, restitution and other monetary relief, legal fees, attorneys’ costs and injunctive relief.