Cinemark class action alleges company shares customer data with Meta

Cinemark data sharing class action lawsuit overview: 

• Who: Stephen Marelich filed a class action lawsuit against Cinemark USA Inc. 
• Why: Marelich claims Cinemark violates the Video Privacy Protection Act by allegedly sharing its website visitors’ private video viewing information with Meta and Facebook. 
• Where: The class action lawsuit was filed in California federal court. 

Movie theater chain Cinemark USA unlawfully shares the private video viewing information of its website visitors with Meta and its social media platform Facebook, a new class action lawsuit alleges. 

Plaintiff Stephen Marelich claims Cinemark shares with Meta and Facebook the information of consumers who view a video or purchase a ticket on the movie theater chain’s website. 

Marelich argues Cinemark is violating the Video Privacy Protection Act (VPPA) by allegedly sharing the data — including the video viewing information —  of its customers with Meta and Facebook. 

“Under the VPPA, consumers who view video content have the right to keep their identities and video viewing histories private,” the Cinemark class action states. 

Marelich wants to represent a class of Cinemark customers who have had their private video viewing information shared with Meta and its social media platform Facebook. 

Cinemark subject to VPPA as a videotape service provider, says class action

Marelich argues Cinemark is subject to VPPA guidelines since it “regularly engages in the business of delivering videos at its multi-state theatre chain and over the internet,” which she says qualifies the company as a videotape service provider. 

Cinemark, meanwhile, has installed what is known as the Facebook Meta Pixel into its website so that it can track its website visitors and send their information to Meta, allegedly without their consent, the Cinemark class action alleges. 

“Cinemark thus knowingly embedded the Meta Pixel on its website understanding that it would cause consumers’ personally identifiable information to be sent to Facebook, including on the website pages consumers used to request or obtain video content,” the Cinemark class action states. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of liquidated and punitive damages for himself and all class members. 

A separate class action lawsuit was filed against Cinemark in February 2019 by a consumer arguing the company failed to make its website fully accessible to and individually usable by individuals who are blind or visually impaired. 

Have you had your private video viewing information shared by Cinemark with Meta? Let us know in the comments! 

The plaintiff is represented by Michael A. Caddell, Cynthia B. Chapman, and Amy E. Tabor of Caddell & Chapman. 

The Cinemark data sharing class action lawsuit is Marelich v. Cinemark USA Inc., Case No. 3:23-cv-04732, in the U.S. District Court for the Northern District of California.

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