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VPPA class actions continue, with more targeted approach

Julie Rubash, General Counsel and Chief Privacy Officer
December 18, 2023

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USA

Rumble Receives a VPPA Class Action

A class action complaint was filed in the Southern District of Florida (case 1:23-cv-24661-KMM), alleging that the video platform knowingly disclosed identifiable video viewing information with Meta in violation of the Video Privacy Protection Act.

The complaint is seeking liquidated damages of $2,500 per violation (i.e., per class member), plus punitive damages and attorneys’ fees.

TAKEAWAY

Although class action lawsuits under the Video Privacy Protection Act are continuing to be filed, they seem to be more targeted now than the wide net that was originally cast by the plaintiff’s bar.

This is likely due to a number of court judgments dismissing lawsuits involving, for example,

  • live, as opposed to prerecorded, content;
  • content that is incidental to, rather than a core part of, the defendant’s business, or;
  • transmission of the Facebook ID and website name alone—without transmission of specific video title information.

In this case, the plaintiffs are alleging that Rumble’s business model is centered around providing pre-recorded audio-visual content and that, through use of a Meta pixel, Rumble disclosed Facebook IDs, along with specific video titles and video URLs, to Facebook regarding users on the Rumble platform.  

Read more:

Sports streaming site settles for $2.6MM in VPPA class suit

Mitigating risk under the Video Privacy Protection Act (VPPA)

EUROPE

Adobe Receives Class Action Over Use of Trackers Without Consent

Advocacy group SDBN announced its filing of a class action lawsuit against Adobe in the Netherlands, alleging that Adobe illegally collects personal data via tracking cookies and SDKs on prominent websites and mobile apps without user consent.

SDBN’s press release lists out examples of websites and apps where users are allegedly tracked by Adobe, including expedia.nlfootlocker.nlwsj.com, and the Asos and Playstation apps. According to the release, SDBN will also be seeking information from Adobe about entities with whom the data was shared. 

TAKEAWAY

SDBN filed similar class actions against X Corp (and its former subsidiary MoPub) and Amazon in autumn 2023, in both cases alleging unlawful collection and exchange of user data without proper disclosure and consent.

Another Dutch advocacy group, Consumentenbond, announced a class action against Google around the same time, based on Google’s alleged collection and sharing of behavior and location data via its online advertising platform in violation of Dutch and European privacy law.

At the time of such actions, a Techcrunch article predicted that “more privacy suits are likely to follow in the Netherlands, especially as litigation funders spot opportunities to cash in”, citing a new class action regime brought in by the country as the reason for the uptick. 

Read more:

Dutch class action filed against X and its former subsidiary MoPub

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A Little Privacy, Please weekly recaps are provided for general, informational purposes only, do not constitute legal advice, and should not be relied upon for legal decision-making. Please consult an attorney to determine how legal updates may impact you or your business.

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