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Update:
- A judge dismissed a National Football League (NFL) class action, claiming the league violated the privacy of email newsletter subscribers by sharing their video viewing choices with Facebook.
- U.S. District Judge Andrew L. Carter ruled the plaintiffs did not qualify as consumers under the Video Privacy Protection Act because they did not pay to subscribe to the newsletter and were not required to subscribe to view the NFL videos.
- Carter also ruled against allowing the plaintiffs to amend the NFL Facebook class action because he did not believe any attempt to amend the complaint would succeed.
NFL class action overview:
- Who: A group of NFL website subscribers are suing the league.
- Why: The plaintiffs say the NFL gave their data to Facebook without their consent.
- Where: The NFL class action lawsuit was filed in a New York federal court.
(Oct. 31, 2022)
A group of NFL website subscribers are suing the league in a class action lawsuit, saying it tracked and stored their data and gave it to Facebook without their consent.
Plaintiffs Jim Alex, Mark Bowers, Boyce Brown, Steven Checchia, Norman Clark, Richard Funderburk, Adella Gonzalez, Christopher Horton and Donavon Thompson filed a class action complaint against NFL Enterprises LLC and the National Football League on Oct. 27 in a New York federal court, alleging violations of the Video Privacy Protection Act (VPPA).
The plaintiffs are looking to represent anyone who subscribed to official NFL team websites.
They allege that subscribers were not advised that their personal identifying information would be captured by tracking methods used by the NFL, and then transferred to Facebook.
According to the lawsuit, this practice is in violation of the VPPA, which prohibits companies that provide videos from sharing personally identifiable information without valid consent.
“Defendants have implemented and utilized tracking methods which track user activity on the team websites and disclose that information to Facebook,” the lawsuit states.
“In other words, the Defendants cause users’ [personally identifiable information] and Video Watching Data to be shared with Facebook, in violation of the VPPA.”
NFL did not seek written consent of subscribers, lawsuit alleges
The NFL was required by law to seek written consent from its subscribers before sharing their information with Facebook using the Facebook Pixel, but it did not do so, the lawsuit alleges.
“Plaintiffs and Class members did not provide Defendants with any form of consent — either written or otherwise — to disclose their personally identifiable information to third parties,” the lawsuit states.
The plaintiffs are seeking certification of the class action, an injunction forcing the NFL to remove the Facebook Pixel from the team websites, damages of $2,500 to each class member, fees, costs and a jury trial.
Meanwhile, a Black former Miami Dolphins coach with a winning record is suing the NFL and its teams, alleging a culture of racism, after he was passed over before his interview for a head coach role at the New York Giants in favor of a white man.
Are you an NFL subscriber? Let us know what you think of the allegations in this lawsuit in the comments.
The plaintiffs are represented by Mark S. Reich, Courtney E. Maccarone and Gary I. Ishimoto of Levi & Korsinsky LLP.
The NFL class action lawsuit is Jim Alex, et al. v. NFL Enterprises LLC, et al., Case No. 1:22-cv-09239, in the U.S. District Court for the Southern District of New York.
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