On Feb. 8, HBO was sued by two HBO Max subscribers named Angel McDaniel and Constance Simon for allegedly sharing subscribers' viewing history with Facebook.
According to the class action law suit filed by Bursor & Fisher on behalf of the two HBO Max subscribers, HBO shared subscriber data without permission. Thus, violating the federal privacy law.
HBO Hit With a Lawsuit
The lawsuit states that HBO provides Facebook with customer lists, which allows the social media giant to match the customers' viewing habits with their Facebook profiles, according to Variety.
The lawsuit also alleges that HBO never got consent from its subscribers to do this, which means the company violated the Video Privacy Protection Act. The act was passed in 1988 after a reporter got Robert Bork's rental history from a video store.
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Over the past 10 years, several streaming providers, including AMC Networks, Hulu, and ESPN, have been hit with the same claims under the VPPA.
In 2015, a judge ruled in favor of Hulu, finding that the streaming service did not knowingly transmit data to Facebook that could be used to establish someone's viewing history. However, the issue remains contested.
The lawsuit also argues that HBO knows that Facebook can combine the data because the streaming service is a major advertiser on Facebook and that it uses that information to retarget ads to the subscribers.
HBO Max is clear about its privacy policy as it added it on its website. The policy discloses that it and its partners use cookies to deliver personalized ads, among other reasons, according to AdWeek.
However, the VPPA requires that subscribers provide separate consent to share their video viewing history, according to Engadget.
Selling Subscriber Data
Bursor & Fisher was previously involved in a case against the company Hearst. The lawsuit alleges that the company violated the video privacy law of Michigan by selling subscriber data. Hearst eventually paid $50 million settlement in that case.
According to the lawyers for the plaintiff in the Hearst case, which was filed in 2015, the $50 million settlement is more than three times the size of any case involving the Michigan law.
The Michigan Video Rental Privacy Act bars anyone from selling, renting, or even lending written materials, audio materials, or video recordings from sharing any personally identifiable information about their customers.
Hearst allegedly sold details about their magazine subscribers, including their race, age, religion, and income level, to data-analytics companies and other third parties.
The lawsuit was filed on behalf of lead plaintiff Josephine James Edwards, a lifestyle magazine Good Housekeeper subscriber. When the lawsuit was filed, Hearst did not admit to any wrongdoing.
Aside from Good Housekeeping, magazines that Hearst allegedly sold subscriber information for include: Elle; Cosmopolitan; Country Living; Esquire; Food Network Magazine; O; Harper's Bazaar; Redbook; The Oprah Magazine; and Seventeen.
According to the terms of the settlement, the residents of Michigan who were Hearst magazine subscribers before July 30, 2016, are eligible to get a portion of the lawsuit settlement, which is around $155.
Earlier this month, HBO was included in the "Matrix Resurrection" lawsuit against Warner Bros.
As for Facebook, the social media giant has been criticized for its security issues since 2014. Facebook users have their personal information saved that the social media giant used to target ads.
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Written by Sophie Webster
