HGTV Class Action Latest in Lawsuits Over Consumer Data Sharing With Facebook

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HGTV Facebook Privacy Violation Class Action Lawsuit Overview:

• Who: HGTV subscribers have hit the company with a class action lawsuit.
• Why: The subscribers allege HGTV shared their video viewing history with Facebook, in violation of privacy laws.
• Where: The class action lawsuit was filed in a New York federal court.

Television network HGTV is the latest in a string of entertainment platforms to be hit with a class action lawsuit alleging it secretly shares subscriber viewing history with Facebook to benefit Facebook’s advertisers and its bottom line.

In a class action complaint filed in New York federal court Mar. 11, Plaintiffs Crystal Carter, Susan Cifelli and Letitia Taylor alleged Discovery Communications LLC, owner of HGTV.com, violated the Video Privacy Protection Act.

The HGTV newsletter subscribers say the company collected and disclosed their personally identifiable information to Facebook without their consent, including records of every video clip they’d viewed on the HGTV website. 

“HGTV discloses this information so it can better match visitors to their Facebook profiles, which thereby allows HGTV to better track analytics and target its advertisements,” the lawsuit states.

The plaintiffs all have Facebook accounts and watched videos on HGTV.com after enrolling in the company’s newsletter, they say. They allege that HGTV has given their email addresses, Facebook and browser identifiers and viewing history to the platform. They say all of this was done through the Facebook tracking pixel, which is a piece of code that advertisers can integrate into their website.

The class action follows a similar lawsuit filed by the same law firm, Bursor & Fisher LLP, against HBO Max earlier this month. Separate lawsuits have also been filed against Boston Globe and WebMd users, alleging similar violations. 

Other Streaming Services Sued Under VPPA in Past

The Video Privacy Protection Act (VPPA) was passed in 1988 after a reporter was able to obtain Former Solicitor General of the United States Robert Bork’s rental history from a video store.

Over the last decade, several streaming providers, including Hulu, Netflix, AMC Networks and ESPN, have also faced lawsuits under the VPPA.

In 2011, Netflix was hit with a class action lawsuit concerning its policy of retaining the rental history and video preferences of former members long after they’ve canceled their subscriptions. The lawsuit claimed the platform violated the VPPA by keeping all the information it collects from its users “indefinitely” even after they cancel their accounts. 

In 2015, a judge ruled in favor of Hulu, finding it did not knowingly transmit data to Facebook that could be used to establish an individual’s viewing history.

In 2016, Gannett faced a class action lawsuit alleging it violated video privacy laws by allegedly sending a third party data-analytics company personal information about people who downloaded its USA Today app.

How do you feel about your viewing history being passed on to Facebook without your express consent? Let us know in the comments! 

The plaintiffs are represented by Joshua D. Arisohn, Philip L. Fraietta and Christopher R. Reilly of Bursor & Fisher LLP.

The Facebook Video HGTV Class Action Lawsuit is Carter et al. v. Discovery Communications LLC, Case No. 1:22-cv-02031, in the U.S. District Court of the Southern District of New York. 

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