PBS Admits Installing Facebook Pixel on its Site, but Denies Violating VPPA

PBS denies any and all allegations in plaintiff Jazmine Harris’ class actions that it violated the Video Privacy Protection Act by disclosing its digital subscribers’ identities and viewing activity to Facebook without the proper consent, said PBS’ answer Monday (docket 1:22-cv-02456) in U.S. District Court for Northern Georgia in Atlanta.

The filing marked the initiation of a 45-day stay in the case that was requested by both sides so they could pursue a “potential resolution” of the dispute (see 2304170042). U.S. District Judge Michael Brown in a March 20 order denied the PBS motion to dismiss the complaint for failure to state a VPPA claim (see 2303210016).

PBS further denies it has subscribers as defined under the VPPA, and denies that “characterization” as it appears throughout Harris’ complaint, said its answer. Users of any PBS-owned website can visit and use the website freely without creating an account, it said. They also can create a free PBS account, or activate a Passport account as a “member benefit” for having donated to a local PBS station. To activate a Passport account, “a user must review and affirmatively agree to a standalone VPPA consent disclosure,” it said.

PBS admits the Facebook Pixel was installed on its website during the time period relevant to Harris’ allegations, said its answer. PBS also admits it has a mobile app created for its viewers and users but denies the mobile app uses the Facebook Pixel or ever did, the broadcaster said. Harris hasn’t made any allegation that she ever visited the mobile app, or had her information impacted by any third-party tool other than the Facebook Pixel, it said. PBS asserts it’s a nonprofit, and “specifically denies” it profits handsomely from the use of the Facebook Pixel, as Harris alleged.

PBS has been unable to locate any PBS account for Harris, “based on publicly available information,” or information supplied by her, said its answer. PBS also has no record that Harris signed up for newsletters from PBS, and so it denies Harris used any “digital subscription” to view video content on the PBS website, it said. It asserts Harris gave Facebook access to her activity on third-party websites, including, as alleged, PBS.org, it said. She consented to placing Facebook ID cookies on her devices that provide her Facebook ID to Facebook, and to sharing such information, when she created a Facebook account, it said.

The complaint fails to allege facts sufficient to state a claim on which relief can be granted, said the PBS answer. Harris isn’t a consumer under the VPPA because she didn’t subscribe to video-related goods or services from PBS, it said. PBS isn’t a videotape service provider, as defined under the VPPA, and it played “no role” in transmitting Harris’ personal information to Facebook, it said. PBS didn’t install the Facebook Pixel “knowing that it transmits video or personally identifiable information in an automated manner,” it said.