A class action lawsuit filed in California federal court on Friday accuses Paramount of sharing users’ personally identifiable information, including a record of every video viewed, with Meta and TikTok, to serve targeted ads. It seeks at least $5 million in monetary damages on behalf of users across the country.The lawsuit, filed by California resident Victor Cho, alleges a violation of the Video Privacy Protection Act, a federal law barring the disclosure of information about viewing habits that’s long been a thorn in the side of streaming providers. Over the last decade, Disney, Warner Bros. Discovery and Netflix have been sued for violations. The law, which was enacted by Congress after Supreme Court justice nominee Robert Bork’s rental history was leaked to a newspaper, carries statutory damages of up to $2,500 per class member and creates a private right of action for consumers to sue.The lawsuit against Paramount, like several others, alleges that the company discloses information to Meta and TikTok when subscribers watch content on the same browser they’re logged onto the social media platforms. Ad giants Meta and TikTok allow web and app developers to incorporate tracking tools into their websites and platforms for free in exchange for information on users. Paramount “knowingly and intentionally” shared users’ viewing activity to the firms without consent, the filing says.The scope of the VPPA remains contested. Last year, a federal judge dismissed a suit against Scripps Network alleging a violation of the law, though that case involved a different set of circumstances. The court found that consumers who subscribed to HGTV.com’s newsletter aren’t covered by the law because they aren’t considered “subscribers.” Scripps stressed that subscribers to the newsletter didn’t purchase goods or services from HGTV.That ruling bolstered arguments from defendants in identical cases that simply because a business is engaged in subscription streaming doesn’t mean that all of its products are within the scope of the law. A federal judge held in a suit accusing AMC of violating the law that “an individual must do more than simply take advantage of a provided service – even if doing so alone allows a provider to access her information – in order to have acted as a ‘subscriber’ of the provider.” Max subscribers who sued Warner Bros. Discovery for sharing their personal viewing history with Meta subsequently moved to dismiss a lawsuit “without prejudice,” meaning they can refile or alter the claims.Paramount didn’t immediately respond to a request for comment.
© 2024 The Hollywood Reporter.