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'Purposefully Installed'

Subscriber Sues Trinity Broadcasting for Sending Viewing Info to Meta

Trinity Broadcasting Network knowingly disclosed Leah Smith's personally identifiable information (PII) to Meta, said her March 18 Video Privacy Protection Act class action in California Superior Court for Orange County, removed Tuesday to U.S. District Court for Central California (docket 2:24-cv-04030).

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The plaintiff's claim arises under federal law and falls within the court’s original jurisdiction under 28 U.S.C. Section 1331, making removal to federal court appropriate, said the notice of removal. The Gulf Breeze, Florida, resident, a subscriber to Trinity’s website, alleged the broadcaster discloses its subscribers’ identities, along with materials they requested or obtained from the website, to Meta.

The VPPA prohibits “video tape service providers,” such as Trinity, from knowingly disclosing consumers’ PII, defined as “information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider,” said the complaint. Trinity violates the VPPA by disclosing to Meta the specific videos subscribers request or obtain via the Meta Pixel tracking tool that it “purposefully installed” on its website, it said. The information Trinity shares with Meta includes the subscriber’s Facebook ID (FID), along with the title of the videos subscribers request or view, in a single transmission, it said.

The complaint showed an example of a video that a Trinity viewer requested, “Does God Exist?”, that the broadcaster disclosed to Meta. Tracking code showed the user’s numeric FID associated with her Facebook profile. The FID is coupled with the video’s title along with the URL to access it, so by entering the URL, Meta “can identify the specific subscriber requesting or obtaining audio visual content pertaining to, for example, issues of mental health, faith, or self-esteem -- issues inherently personal to individuals seeking guidance from a confidential religious provider,” such as Trinity, it said. “Furthermore, Meta uses this information to help businesses advertise their products to the specific individuals,” it said.

Because Smith’s FID uniquely identifies her Facebook profile, Meta can use the FID to “quickly and easily view” her corresponding Facebook profile, alleged the complaint. The Pixel “captures and discloses” to Meta the videos she watches from its website. That information includes personal information about Smith’s search for guidance regarding her religious faith, mental health, and marital or parental relationships, it said.

Smith seeks an order enjoining Trinity from further unauthorized disclosures of her and class members’ PII, an award of liquidated damages of $2,500 per violation, and attorneys’ fees and costs.