Anne Bucher , Jon Styf  |  August 10, 2023

Category: Consumer News

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Bottom view of a basketball going through a basketball hoop.
(Photo Credit: Zero99/Shutterstock)

Update:

  • A New York federal judge dismissed a proposed class action alleging the National Basketball Association violated the Video Privacy Protection Act by sharing information on videos Plaintiff Michael Salazar viewed on NBA.com.
  • U.S. District Judge Jennifer L. Rochon ruled the plaintiff failed to state a clear claim on how NBA.com violated VPPA using his alleged digital subscription to an email newsletter from the site.
  • Rochon further denied Salazar’s request to amend the complaint, stating he did not show a plausible alternative argument that would prove the NBA violated VPPA with his video watching data.

NBA class action lawsuit overview:

  • Who: Plaintiff Michael Salazar filed a class action lawsuit against the National Basketball Association (NBA).
  • Why: The NBA allegedly unlawfully disclosed digital subscribers’ personal viewing information to Facebook without their consent.
  • Where: The NBA class action lawsuit was filed in New York federal court.

(Sept. 22, 2022)

The National Basketball Association (NBA) knowingly disclosed digital subscribers’ personal viewing information to Meta Platforms Inc. (Facebook), according to a class action lawsuit filed Sept. 16 in New York federal court.

The NBA class action lawsuit alleges the data-sharing practices violate the federal Video Privacy Protection Act (VPPA).

Plaintiff Michael Salazar filed the NBA class action lawsuit on behalf of himself and a proposed class of people who had a digital subscription to a website owned and/or operated by the NBA and who had their personal viewing information disclosed to Facebook.

The VPPA prohibits companies from disclosing consumers’ personally identifiable information, “including ‘information which identifies a person as having requested or obtained specific video materials or services from a video tape provider,’” the NBA class action lawsuit explains.

When the VPPA was passed in 1998, it provided important privacy protections for individuals’ video rental, purchase and viewing information. In the current technological era, the importance of the VPPA is even more important to protect users from online data mining and data sharing. 

NBA class action says organization ‘profits handsomely’ from Facebook data sharing

Salazar says the NBA collects and shares subscribers’ personal information through the use of cookies, software development kits and pixels.

The NBA class action lawsuit explains that the Facebook Pixel is a code installed on the NBA’s website that tracks and discloses to Facebook the user’s Facebook ID and which videos the user viewed on the website.

This information is shared without digital subscribers’ knowledge or consent, Salazar alleges.

The NBA class action lawsuit says the NBA “profits handsomely” from disclosing subscribers’ personal viewing information to Facebook and does so at the expense of subscribers’ privacy and in violation of VPPA.

Salazar seeks $2,500 per VPPA violation, punitive damages, prejudgment interest, restitution, injunctive relief and attorneys’ fees and expenses.

The NBA is just one of the latest companies to face a class action lawsuit alleging it unlawfully shares subscriber data with Facebook. HGTV, Forbes, Paramount and other companies were recently hit with data sharing class action lawsuits.

Do you subscribe to any NBA websites? Tell us what you think of the NBA class action lawsuit in the comments!

Salazar is represented by Michael L. Murphy of Bailey & Glasser LLP and Brandon M. Wise and Adam Florek of Peiffer Wolf Carr Kane Conway & Wise LLP.

The NBA class action lawsuit is Michael Salazar v. National Basketball Association, Case No. 1:22-cv-07935, in the U.S. District Court for the Southern District of New York.


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10 thoughts onJudge dismisses lawsuit accusing NBA of sharing website subscribers’ info

  1. LISA HAWKINS says:

    Please add me

  2. Erik Wissing says:

    Please add me

    1. Gina Daniel says:

      It sounds like you know exactly what laws have been violated and I support bringing this to the courts and holding these companies accountable for disregarding laws that protect individuals privacy, and respecting the privacy of their customers over making a profit exposing information that is confidential and supposed to be protected from 3rd parties if consent hasn’t been given by the account holder or authorized person. This is how breaches occur to promote fraud and assist fraud..

  3. Emma says:

    I feel that anytime I’m on my phone someone always listening in on my conversation how can you say you going to go shopping for a gold chain and the next time you open your phone. And that all I see is different companies that sell gold chain. So yes add me

  4. Leonard w Comer says:

    Add Me !

  5. Tommy Blakeney says:

    I can talk to some one about a product and the next day I will get a email about that same product. Every thing mentioned on this FB has a pop up advertisement about it . It’s like there tracking every thing I say are do . No not paranoid but it’s strange how they can do thus. Add me and I can give you email and FB account.

  6. Chanitra Hill says:

    Add me please

  7. JJ says:

    Add me please

    1. Florelia Trevino Garcia says:

      I been taking that medication at least 4 years and when I heard about it I s I got scared

  8. Heather says:

    Add me

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