The Atlantic Unlawfully Shares Website Subscriber Data with Meta, Class Action Claims
Passariello v. The Atlantic Monthly Group LLC
Filed: December 12, 2022 ◆§ 2:22-cv-08993
The Atlantic has been hit with a class action over its alleged disclosure of digital subscribers’ personal information to Meta Platforms without their consent.
California
The Atlantic has been hit with a proposed class action over its alleged disclosure of digital subscribers’ personal information to Meta Platforms without their knowledge or consent.
According to the 18-page case, the webpages of TheAtlantic.com contain a snippet of programming code called a “Meta pixel” that secretly sends Meta a packet of data about each website visitor as they watch video content offered by the online publisher and magazine. In a single transmission, the Atlantic discloses the titles and URLs of each video a user has viewed, as well as their Facebook ID (FID), which is “a string of numbers unique to each Facebook profile that personally identifies the User,” the lawsuit alleges.
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“Because the user’s FID uniquely identifies an individual’s Facebook account, Meta—and any other ordinary person—can use the FID to quickly and easily locate, access, and view the user’s corresponding Facebook profile,” the filing says. “In simplest terms, the Pixel allows Meta to know what video content one of its users viewed on The Atlantic’s website.”
By linking The Atlantic subscribers to their respective Facebook accounts, Meta gains access to the wide range of demographic information often available on Facebook profiles, the complaint contends. The suit argues that the pixel also transmits users’ personally identifiable information, such as their IP address, name, email or phone number, which Meta then stores on its servers.
As the case tells it, the tracking tool lets Meta learn more about its users’ preferences by monitoring their “offsite” activities in order to provide more targeted ads. Additionally, businesses that have installed the pixel on their websites have a greater incentive to advertise through Facebook or other Meta-owned platforms, the lawsuit adds.
The filing emphasizes that website owners, like the Atlantic, must consciously decide to install the pixel on their webpages. The Atlantic is incentivized to deploy Meta’s product because the pixel collects data that businesses can use to optimize their ad campaigns and better promote their content, the complaint further claims.
Per the case, The Atlantic’s alleged misconduct violates the federal Video Privacy Protection Act, as “video tape service providers” are required to obtain consumers’ written permission, through a standalone form, before disseminating their personally identifiable information to a third party.
The lawsuit looks to cover anyone in the United States who subscribed to TheAtlantic.com, viewed prerecorded video content on The Atlantic’s website, and used Facebook during the time Meta’s pixel was active on the website.
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