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Update:
- ESPN asked a Pennsylvania federal judge to force arbitration in a class action case alleging the company knowingly shares its digital subscribers’ viewing habits with Facebook without their consent so that the social media behemoth can better target them with advertising.
- ESPN Inc. filed the motion to compel arbitration Nov. 28 in a Pennsylvania federal court, saying plaintiff Nate Swartz was obligated to approve its user terms to enroll in its website services.
- According to the motion, the user terms of agreement require that any disputes be handled out of court.
- Swartz originally filed the class action lawsuit against ESPN Sept. 29, alleging that ESPN.com and the ESPN+ paid streaming service violate the Video Privacy Protection Act and the Wiretap Act through their use of Facebook’s Meta Pixel.
ESPN class action overview:
- Who: An ESPN digital subscriber is suing the company.
- Why: The plaintiff says the company gives its subscribers’ viewing information and ID to Facebook without their consent.
- Where: The ESPN class action lawsuit was filed in a Pennsylvania federal court.
(Oct. 04, 2022)
ESPN knowingly shares its digital subscribers’ viewing habits with Facebook without their consent, so that the social media behemoth can better target them with advertising, a new class action lawsuit alleges.
Plaintiff Nate Swartz filed the class action lawsuit against ESPN Inc. Sept. 29 in a Pennsylvania federal court, alleging violations of the federal Video Privacy Protection Act (VPPA) and the Pennsylvania Wiretapping and Electronic Surveillance Control Act.
According to the lawsuit, ESPN.com and the ESPN+ paid streaming service violate the VPPA and the Wiretap Act through their use of Facebook’s Meta Pixel.
ESPN gave viewing information and ID to Facebook, lawsuit alleges
The Meta Pixel is a code ESPN installed on its website allowing ESPN.com to track when a subscriber visits the website or app and views videos, as well as their Facebook ID.
ESPN allegedly discloses to Facebook these electronic communications, along with the person’s Facebook identity, without informed consent.
“Defendant knowingly intercepted Subscribers’ electronic communications without the proper consent,” the lawsuit states.
“Because the Subscriber’s [Facebook identity] uniquely identifies an individual’s Facebook user account, Facebook—or any other ordinary person—can use it to quickly and easily locate, access, and view a Subscriber’s corresponding Facebook profile.”
By using the Meta Pixel to track subscribers’ activity on its website, ESPN targets advertising and other content on its website, the lawsuit states.
“Thus, Defendant profits handsomely from its unauthorized interception and disclosure of Personal Viewing Information to Facebook. It does so at the expense of its Subscribers’ privacy and their statutory rights under the VPPA and the Pennsylvania Wiretap Act.”
The plaintiff is suing on behalf of anyone in the United States with digital subscriptions to ESPN+ or ESPN.com who viewed video media on the company’s website or app and used Facebook during the time the Meta Pixel was active, plus a Pennsylvania subclass.
Swartz is seeking certification of the class action, damages, fees, costs and a jury trial.
As many as 10 complaints have been filed against companies including GameStop, Chewy, Zillow, and Meta Platforms, among others, following the Third Circuit’s decision to revive a class action lawsuit against Harriet Carter Gifts and NaviStone.
The complaint revolves around claims the companies violated Pennsylvania’s anti-wiretapping law by tracking and sharing the activity of their online users without consent. Click here for more information.
Has ESPN shared your electronic communications with a third party without your consent? Let us know in the comments!
The plaintiff is represented by John A. Macoretta, Jeffrey L. Kodroff and Diana J. Zinser of Spector Roseman and Kodroff P.C.
The ESPN class action lawsuit is Nate Swartz v. ESPN Inc., Case No. 1:22-cv-01523-CCC in the U.S. District Court for the Middle District of Pennsylvania.
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14 thoughts onESPN seeks arbitration in lawsuit alleging it illegally shares data with Meta
Yes add me I filled out for it and signed. Still nothing
Yes add me I filled it out and still nothing I have ESPN from fb platform which had a data breach
I just got this email wth
I had espn for years. It was under my old name but this is like a shake my head
Hello susan,
Your account was just used to sign in to ESPN, a part of The Walt Disney Family of Companies.
Source: Facebook
Location: Colerain, North Carolina (may not match exact location)
Time: 2023 Aug 9 20:05:37
If this looks familiar, then you can ignore this message.
If you believe that someone else may have accessed your account, Use to do fantasy football with my adoptive daughter
ADD me