VPPA Legal Investigations: Is Your Video Data Being Shared with Facebook?  

Attorneys working with ClassAction.org suspect that some companies may be violating the federal Video Privacy Protection Act (VPPA) by sharing consumers’ private information without consent.

Specifically, they believe certain websites and streaming platforms  (and, in some cases, their associated apps) may be using a tracking tool to secretly transmit details about users and the videos they’ve watched to Facebook. This data may tie a user’s watch history to their Facebook ID, a unique identifier that can be used to match the individual to their Facebook profile.

The attorneys are now looking to pursue claims over these potential privacy violations and are gathering consumers who want to participate.   

Keep reading for a summary on each website/platform under investigation – including more details on which users may be affected and what data could be getting shared. Each summary will also include a link to a form where users can sign up and join others taking action.

Which Websites/Platforms/Apps Are Under Investigation?

Roku Privacy Investigation

If you have a Roku account and streamed videos on the Roku Channel, you may have had your privacy violated. Attorneys believe the Roku Channel (which is available on Roku streaming devices, Samsung Smart TVs, Amazon Fire TV devices, TheRokuChannel.com and the Roku app) may be sharing certain consumers’ watch histories with Facebook without permission. They’re now gathering affected consumers to take action via mass arbitration.

If you have a Facebook account and a Roku account and streamed videos on the Roku Channel within the past two years, join others taking action using the link below.

Roku Channel Users Sign Up Here

Pvolve Data Sharing Investigation

Workout enthusiasts who streamed Pvolve exercise classes may have had their privacy rights violated. Attorneys have reason to believe the company may be sharing with Meta the workout videos users have watched in conjunction with their unique Facebook IDs or other personally identifiable information. Notably, Pvolve offers classes intended to “support women’s physiology,” and doing certain routines may indicate that the user is, for instance, pregnant or has reached menopause.

Are you a Facebook user with a paid membership to Pvolve? If you streamed workout classes within the past two years, join others taking action.

Pvolve Users Sign Up Here

ClassPass Investigation: Was Your Data Shared?

Attorneys working with ClassAction.org are looking into the data-sharing practices of ClassPass, a subscription service that allows members access to thousands of gyms, fitness studios, salons and spas worldwide.

They have reason to suspect that ClassPass may be using online tracking tools to record members’ activities on its website and app, including which workout videos they watch, and share this information with Facebook for advertising purposes. The attorneys believe these covert transmissions may violate federal privacy law, and legal action is now being pursued. 

Are you a Facebook user who has used their ClassPass membership to watch workout videos on ClassPass.com or the ClassPass app within the past three years? If so, use the link below to join others taking action against the company.

ClassPass Members Sign Up Here

Facebook Pixel Video Privacy Concerns: How Could My Data Be Getting Shared?

Many website and app operators gather data about users through invisible tracking tools that operate in the background.

For instance, the Meta (formerly known as Facebook) pixel, which can be embedded on any webpage, can be programmed to record every action a visitor takes, such as the buttons they click, the searches they perform and the content they view.

Attorneys are specifically looking into whether the companies listed above are tracking which videos its users have watched and sending that information to Meta along with each person’s Facebook ID. A Facebook ID is a unique identifier linked to an individual’s Facebook profile and could potentially be used to match up a specific person with the videos they’ve watched on the website.

In general, the data collected by a website through the Meta pixel tracker can be used by both the website operator and the social media giant to better target advertisements to their users.

It’s believed these suspected data sharing practices may violate the federal Video Privacy Protection Act, which prohibits “video tape service providers” from disclosing to third parties any information that identifies the video materials a person has requested or watched without their consent.

Is This a VPPA Class Action Lawsuit? What Am I Signing Up For, Exactly?

You are not signing up for a VPPA lawsuit, but rather a process known as mass arbitration. This is a relatively new legal technique that, like a class action lawsuit, allows a large group of people to take action and seek compensation from a company over an alleged wrongdoing. Here is a quick explanation of mass arbitration from our blog:

“[M]ass arbitration occurs when hundreds or thousands of consumers file individual arbitration claims against the same company over the same issue at the same time. The aim of a mass arbitration proceeding is to grant relief on a large scale (similar to a class action lawsuit) for those who sign up.”

Some companies’ terms of use may contain a class action waiver and/or an arbitration clause requiring users to resolve disputes via arbitration, a form of alternative dispute resolution that takes place outside of court before a neutral arbitrator, as opposed to a judge or jury. It’s for this reason that attorneys working with ClassAction.org have decided to handle these matters as mass arbitrations rather than class action lawsuits.

How Much Does This Cost?

It costs nothing to sign up, and you’ll only need to pay if the attorneys win money on your behalf. Their payment will come as a percentage of your award.

If they don’t win your claim, you don’t pay.

How Much Money Could I Get?

There are no guarantees as to how much money you could get or whether your claim will be successful. The VPPA, however, provides that companies may be responsible for paying consumers $2,500 for violations of the law. 

VPPA Explained

The federal Video Privacy Protection Act was enacted in 1988 after a Washington, D.C., newspaper published a profile of Supreme Court nominee Robert H. Bork based on a list of his movie rentals from a local video store. The law made it illegal for a “video tape service provider” to disclose consumers’ personally identifiable information without their consent. Under the VPPA, “personally identifiable information” includes information that identifies a person as having requested or obtained specific video materials or services from a video tape service provider.

The VPPA provides that anyone who is “aggrieved” by a violation of the law is entitled to damages of no less than $2,500.

While brick-and-mortar video stores have grown increasingly rare since the VPPA came into effect in 1988, the law has more recently been cited in lawsuits against website operators. According to the cases, streaming platforms and other websites that offer video content could be considered video tape service providers as defined by the VPPA. The lawsuits argue that it is a violation of the federal privacy law for a website operator offering video content to share the titles of the videos its users watch with third parties via analytics and other tracking tools, including the Meta pixel. Per the cases, the website operators are essentially sharing information that identifies users as having requested or obtained video materials without obtaining their written consent.

VPPA Settlements: Successful Data Privacy Cases 

Some VPPA cases have successfully been resolved through class action settlements, resulting in payouts for those covered.

One lawsuit filed against AMC Networks resulted in a settlement on behalf of registered users of AMC+, Shudder, Acorn TV, ALLBLK, SundanceNow and HIDIVE who requested or obtained video content through at least one of those services. The deal allowed covered individuals to file claims for a share of the $8.3 million settlement fund.

Another class action settlement covered certain individuals who subscribed to FloSports’ services and requested or obtained video content on any FloSports website. Under the settlement, FloSports agreed to deposit $2.625 million into a fund from which claimants would be paid.

Similarly, Boston Globe reached a $4 million settlement with digital subscribers who viewed videos on the newspaper’s website. In that case, the VPPA claim payout was estimated to be between $20 and $40 per person.

It’s important to note that although the VPPA provides statutory damages of $2,500 per violation, lawsuits under the statute may settle for smaller amounts. Because each case is different, it’s difficult to estimate a VPPA class action settlement amount for any specific case.

It’s also worth noting that although the above cases were all class action lawsuits, the attorneys working with ClassAction.org are pursuing mass arbitration against the companies listed on this page, which is a different type of legal action that takes place outside of court. Thus, the outcomes could be different from the class action settlements mentioned.

Previous Investigations

The following investigations are complete, and attorneys are no longer signing up affected consumers. 

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