On Tuesday, a class-action lawsuit was filed against HBO alleging that it shares subscribers’ viewing history with Facebook in violation of federal privacy laws.
Bursor & Fisher filed suit on behalf of two HBO Max subscribers in New York in a recent filing. The law firm alleges that Facebook has access to customer information because it has been allowed to monitor viewing habits through the purchase lists supplied by HBO.
The suit claims HBO knowingly violates the Video Privacy Protection Act by obtaining subscribers’ consent to use their data. After a reporter obtained Robert Bork’s rental history from a video store, the act was passed.
In the last decade, several streaming providers- including AMC Networks, and ESPN – have been hit with similar claims under the VPPA. A judge ruled in favor of Hulu 2015. The issue remains contested, though!
The lawsuit alleges that HBO knows Facebook can combine such data because it is a major advertiser on the site, and it uses that information to retarget its own subscribers’ ads.
HBO Max has a privacy policy, which discloses that it and its partners use cookies to deliver personalized ads. In addition, the VPPA requires subscribers to provide separate consent for sharing their video viewing history.
“In other words,” the lawsuit says, “a standard privacy policy will not be enough.“
The law firm previously had a case against Hearst, alleging the company violated Michigan’s video privacy law by selling subscriber data. Hearst paid $50 million in that previous lawsuit. HBO did not immediately respond to a request for comment.
