Nexstar Didn't Disclose It Shared Viewing Data With Facebook, Says Privacy Suit

Nexstar Media knowingly disclosed to Facebook data containing subscribers’ personal identifiable information and digital files of videos viewed on its WGNTV.com website, alleged a Thursday digital privacy class action (docket 1:23-cv-01050) in U.S. District Court for Central Illinois in Peoria. A Nexstar spokesperson declined comment Thursday.

Nexstar, as owner of WGNTV.com, violated the Video Privacy Protection Act by obtaining or requesting specific video materials or services “from a video tape provider” without obtaining express consent in a standalone consent form, said the complaint. The company didn't disclose to plaintiff Zachary Rohlfs of Kankakee County, Illinois, that it would share his personal viewing information with third parties such as Facebook when he opened his account, or when he watched WGNTV.com, said the complaint.

Rohlfs has been a WGNTV.com subscriber since 2020 and has had a Facebook account since 2012, the complaint said. While he was viewing video media on the WGNTV.com website or app, his viewing information was disclosed to Facebook, though he hadn't given Nexstar express written consent to disclose his personal viewing information, it said.

The company used Facebook’s invisible pixel tracking tool to collect information about Rohlfs’ devices and activities and send it to Facebook, which used the data to show him targeted ads, said the complaint. To obtain the code for the pixel, the website advertiser “tells Facebook which website it wants to track,” and Facebook “returns corresponding Facebook pixel code for the advertiser to incorporate into its website.”

Nexstar benefits financially from the advertising and information services that result from use of the pixel, which allows Facebook to “build detailed profiles about a website’s users” as those users browse the internet to enable advertisers to serve them with targeted ads, the complaint said. WGNTV.com sends to Facebook the name of the video content viewed, its URL and the viewer’s Facebook ID.

With a Facebook ID, video content name and URL, which Nexstar provides “knowingly and readily” to Facebook without subscribers’ consent, “any ordinary person can learn the identity of the digital subscriber and the specific video or media content they requested on WGNTV.com’s website.” Digital subscribers aren’t given an opportunity, “in a clear and conspicuous manner," to withdraw “on a case-by-case basis” from the disclosure of their viewing information or to choose to withdraw from ongoing disclosures, the complaint said.

Tracking pixels aren’t necessary for Nexstar to operate its digital publications or subscriptions but are deployed “for the sole purpose of enriching Defendant and Facebook,” said the complaint. Rohlfs seeks punitive damages, prejudgment interest, restitution and all other forms of equitable monetary relief, plus injunctive relief.