NASCAR.com Newsletter Subscribers’ Personal Data Unlawfully Shared with Facebook, Class Action Says
Myers et al. v. National Association for Stock Car Auto Racing, Inc. et al.
Filed: August 11, 2023 ◆§ 6:23-cv-01540
A class action lawsuit claims NASCAR unlawfully shares its e-newsletter subscribers’ personal information with Facebook without consent.
Florida
A proposed class action lawsuit claims NASCAR unlawfully shares its e-newsletter subscribers’ personal information with Facebook without consent.
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The 65-page lawsuit says the National Association for Stock Car Auto Racing, Inc. (NASCAR) and subsidiary NASCAR Digital Media, LLC have directly violated the federal Video Privacy Protection Act, which prohibits a “video tape service provider” such as NASCAR.com from disclosing users’ personally identifying information without consent.
The suit alleges that NASCAR.com utilizes the Facebook tracking pixel, a piece of code businesses can embed into their websites to allow the social media company to track visitors’ activity in real-time as they interact with the webpages. By using the tracking pixel, the defendants’ website collects and transmits back to Facebook details about subscribers’ video-viewing history without providing notice or obtaining consent to do so, the case states.
According to the complaint, the website also shares each subscriber’s Facebook ID, an identifier uniquely linked to an individual’s Facebook account. This combination of data can be used to connect specific consumers with their video-watching behavior and preferences, the filing says.
The lawsuit charges that NASCAR discloses subscribers’ information to Facebook in a way that enables the social media giant to “make a direct connection between the identity of its subscriber and that subscribers’ [sic] [personal viewing information]” without consent and “to the detriment of [the plaintiffs’] and class members’ legally protected privacy rights.”
The plaintiffs in the case are NASCAR newsletter subscribers who claim they were never informed about the company’s data sharing practices nor provided consent to have their personal information disclosed to the third party.
The case alleges that “[a]t no point during or after the subscription sign up process—or anywhere on the website for that matter—does [NASCAR] seek or obtain consent for the sharing of subscribers’ [personally identifying information] and web watching history, which NASCAR surreptitiously gathered through the use of the Pixel that it chose to employ on the website.”
The lawsuit looks to represent anyone in the United States with a subscription to NASCAR.com that had their personal viewing information improperly disclosed to Facebook through the use of the Facebook tracking pixel.
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