Media Company Can’t Dismiss Meta Tracking Pixel Case, District Court Rules
The U.S. District Court for Southern New York ruled Tuesday that media company Springer Nature cannot dismiss a class-action complaint over alleged violations of the Video Privacy Protection Act (VPPA). The defendant argued the plaintiff fails to state a claim for relief under the act because Springer Nature is not a video tape service provider nor do they plaintiffs’ qualify as consumers under the VPPA.
Sign up for a free preview to unlock the rest of this article
“It is sufficient that the defendant, is engaged in the business of the 'rental' of audio visual materials, the 'sale' of such materials, or the 'delivery' of such materials,” said Judge Lewis Liman. He said the plaintiff alleged that he was invited to become a subscriber to the Springer Nature website by submitting his name, email address and payment information, and was required to watch more than three videos on the site. “By so doing, he conveyed valuable personal information to Defendant and established a relationship permitting Defendant to be in touch with him regarding the Website. At the pleading stage, that is enough to make him a VPPA subscriber.”
Plaintiff Mark Lee filed the complaint in case 24-04493 against the media company in June 2024, alleging that Springer Nature knowingly disclosed subscribers’ personally identifiable information (PII) to Meta without their consent using the Meta Pixel. Springer Nature asked to dismiss the complaint in August 2024.