in Newswire Published on October 18, 2022

Publisher of Reader’s Digest, Taste of Home, Others Illegally Shares Website Subscriber Data with Facebook, Class Action Claims

Elliot et al. v. Trusted Media Brands, Inc.

Filed: October 13, 2022 ◆§ 1:22-cv-08740

A class action alleges Trusted Media Brands, Inc. has illegally shared with Facebook the personal information of subscribers to its websites and newsletters.

Defendant(s)

Trusted Media Brands, Inc.

Law(s)

Video Privacy Protection Act of 1988

State(s)

New York

A proposed class action alleges Trusted Media Brands, Inc. (TMBI) has illegally shared with Facebook the identities and video viewing history of subscribers to its websites and newsletters, including Reader’s Digest and Taste of Home.

According to the 21-page suit, when subscribers of TMBI-owned websites, such as ReadersDigest.com, TheHealthy.com, FamilyHandyman.com and TasteofHome.com, view any video offered on the sites, their personal information and video viewing history are secretly sent to Facebook.

The case claims that TMBI's data-sharing practice violates the federal Video Privacy Protection Act (VPPA) in that the company failed to obtain subscribers’ informed written consent before disclosing their information to Facebook. Under the VPPA, a "video tape service provider" is prohibited from sharing a consumer's personally identifiable information with third parties without first securing permission.

Even though TMBI's privacy policy states that the company may share consumers' personal information, the case argues that this admission does not constitute informed written consent under the VPPA, which requires companies to obtain permission in a "distinct and separate" form.

To transmit user information to Facebook, TMBI embeds in its web pages a piece of code known as a "Facebook tracking pixel" that collects and shares subscribers' video viewing history and Facebook ID, the complaint argues. Per the suit, a user’s Facebook ID "uniquely identifies" their account and allows Facebook to quickly locate their corresponding Facebook profile.

Per the complaint, TMBI uses the Facebook pixel to monetize its websites by collecting subscriber information and using it for advertising campaigns on Facebook. Likewise, Facebook's "surveillance of its users' activity both on and off facebook.com" is used to hone its targeted advertising abilities, the filing contends.

The lawsuit looks to represent anyone in the United States who has a Facebook account, subscribed to one or more of TMBI's newsletters or magazines, and viewed videos on one or more of TMBI's websites.

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