Class Action Alleges Gannett Illegally Discloses Subscriber Data to Facebook [DISMISSED]

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A proposed class action alleges print and online media publisher Gannett has unlawfully disclosed certain personal information about its subscribers to Facebook without consent or adequate disclosure.

The 34-page case claims that when individuals watch video content offered on Gannett-owned websites, their personal information and viewing activity are secretly captured and sent to Facebook. The suit contends that Gannett, the largest newspaper publisher in the United States, has violated the federal Video Privacy Protection Act (VPPA) by failing to obtain consumers’ express written consent before disseminating their personally identifiable information to a third party.

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To transmit information to Facebook, Gannett has embedded onto its webpages a piece of code known as the “Facebook tracking pixel,” which uses cookies to automatically forward data to the social media giant, including the titles and URLs of videos watched and consumers’ Facebook User ID numbers (UID). 

“A Facebook UID can be used, by anyone, to easily identify a Facebook user,” the case states. “Once the Tracking Methods’ routine exchange of information is complete, the UID that becomes available can be used by any individual to easily identify a Facebook user, by simply appending the Facebook UID to www.facebook.com.”

According to the suit, Facebook provides Gannett web developers with event monitoring tools because access to more data helps improve its targeted advertising abilities. 

Although the company owns more than 260 daily publications whose associated news sites appear to be “completely separate” from one another, each site uses media supplied and hosted by Gannett, as well as the publisher’s tracking methods, the case contends. 

The two plaintiffs claim that they have subscribed to the Gannett-owned news site The Tennessean within the past year and watched video content using devices signed into Facebook. Since the publication’s video content is streamed and hosted by Gannett, the consumers’ data, unbeknownst to them, was sent to Facebook, the complaint alleges.

“The sign-up process associated with the Gannett Sites does not include a process for seeking or obtaining informed, written consent,” the filing states. “To the extent information about any of the Gannett Sites’ data sharing can be located, the language is not presented to subscribers or users along with a checkbox, e-signature field, or any form of affirmative consent.”

The lawsuit looks to cover anyone in the United States with a subscription to a Gannett Site and who had their personal information improperly disclosed to Facebook through the use of the tracking methods outlined in the complaint.

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