Max subscribers alleged that HBO discloses to Facebook the content they watch on top of other personally identifiable information without consent.
HBO and Max Boss on That Four-Drama Feat and Strike-Era Emmy Noms: "We Don't Get These From Executives"
Max subscribers Angel McDaniel and Constance Simon alleged in a suit filed last year that HBO discloses to Facebook the content they watch on top of other personally identifiable information without consent. Meta hasn’t been named in any of the complaints. Numerous streaming providers, including Hulu, ESPN and AMC Networks, have been sued for alleged violations of the VPPA over the last decade, with a judge ruling in favor of Hulu in 2015 that it’s not liable because it didn’t knowingly transmit data to Facebook. The scope of the video privacy law remains contested.
In April, a federal judge dismissed a suit against Scripps Network alleging a violation of the VPPA, though that case involved a different set of circumstances. U.S. District Judge P. Kevin Castel 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.
The ruling bolstered arguments from defendants in identical cases that simply because a business is engaged in the sale or rental of video materials or services doesn’t mean that all of its products are within the scope of the law.
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