MDL Approved for Goolge/Viacom Internet Tracking Lawsuits

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A federal judge ruled that six class action lawsuits accusing Google and Viacom of violating children’s privacy by using cookies to target them for advertisements will be grouped into multidistrict litigation (MDL).

In its June ruling, the U.S. Judicial Panel on Multidistrict Litigation (JPML) found that consolidating the six Google/Viacom privacy class action lawsuits into an MDL in New Jersey would promote judicial efficiency. U.S. District Court Judge Stanley R. Chesler will oversee the MDL.

Viacom, one of the world’s biggest media conglomerates, owns Comedy Central, MTV, Nickelodeon, Paramount Pictures and other media companies. In December 2012, Stephanie Fryar of Texas filed a class action lawsuit against Viacom and Google on behalf of her two children. She claimed that when they registered on three different Viacom websites, the company allowed a doubleclick.net cookie to be placed on their computers. According to her class action lawsuit, these cookies illegally tracked and recorded their Internet usage for marketing purposes.

Google uses cookies to keep records of a user’s web browsing history and uses that information to target advertisements to that specific user. In her class action lawsuit, Fryar argues that: “Google Inc., through its relationship with Viacom, uses the ‘id’ cookie to track the electronic communications of the plaintiffs, including but not limited to websites visited by the plaintiffs.”

Specifically, Fryar argued that the companies used the “id” cookie to track videos that were obtained on Viacom’s websites. She accuses Viacom of knowingly permitting Google to use this cookie to track materials on websites that are designed for children under the age of 13.

Similar class action lawsuits have been filed against Viacom and Google in California, Illinois, Missouri, New Jersey and Pennsylvania.

The Viacom/Google class action lawsuits were filed shortly after about 20 consumer privacy groups urged the Federal Trade Commission (FTC) to investigate websites run by McDonald’s, Viacom and General Mills that are designed to appeal to children. These consumer groups claimed that these companies failed to obtain appropriate parental consent before using advertisements to target children. In December 2012, the FTC made drastic changes to the Children’s Online Privacy Protection Act, including the requirement of additional parental notice and consent for websites that are directed to children.

Fryar is seeking damages for violations of the Video Privacy Protection Act, the Wiretap Act, intrusion upon seclusion and unjust enrichment.

Viacom argued to centralize the litigation in New Jersey while the plaintiffs sought to hold the MDL in the Northern District of California. According to the JPML: “Centralization will eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary.”

Fryar is represented by Adam Voyles with Lubel Voyles in Houston, Texas.

The Viacom/Google Internet Tracking MDL is In Re: Nickelodeon Consumer Privacy Litigation (MDL No. 2443), Case No. 2:13-cv-03757-SRC-CLW, in the U.S. District Court for the District of New Jersey.

UPDATE: A federal judge dismissed the Nickelodeon Consumer Privacy MDL on July 2, 2014, ruling the plaintiffs failed to prove that Google and Viacom violated state and federal privacy and wiretapping laws.

UPDATE 2: On Nov. 22, 2016, Viacom argued in New Jersey federal court that the last privacy claim in a class action lawsuit alleging Nickelodeon tracked the online activity of minor users should be dropped.