800 Pound Gorilla Media Didn't Provide Privacy Consent Form, Says VPPA Class Action

David Kauffman of San Diego County used his internet-connected device and browsers to visit, rent and watch video content on 800 Pound’s website, said the complaint. Kauffman is also a Facebook user, and his profile on the social media site includes his name and other personal details. When Kauffman visited 800 Pound’s website to request and view video content using the same browser he uses for Facebook, the defendant sent his FID and personally identifiable information (PII) to Meta via the Pixel tracking tool without obtaining his consent “through a standalone consent form,” it said.

The VPPA requires that consent be obtained in a form “distinct and separate” from any form stating the legal or financial obligations of the consumer, but the defendant didn’t provide a stand-alone consent form disclosing its practices, said the complaint. Therefore, no individual consented to 800 Pound’s “offending practice of sharing video preferences with third parties,” it said. By installing the Pixel and knowingly disclosing users’ personal viewing content, 800 Pound violated their “statutorily protected right to privacy in their prerecorded video watching habits,” it said.

Kauffman and class members “reasonably expected” that their video-viewing histories and associated FIDs would be kept private, said the complaint. They used 800 Pound’s website, and not a competitor’s, because they trusted its privacy practices “comported with their privacy preferences,” it said. Kauffman values his privacy while web-browsing and watching videos, the complaint said. His viewing preferences are personal information that’s confidential in nature and assets “to which no third party has a presumptive right to access,” it alleged.

Any applicable statute of limitations has been tolled by the “delayed discovery” rule, the complaint said. Kauffman had no way of knowing that his information was being transmitted to Meta through the Pixel tracking tool because 800 Pound “kept this information secret,” it said.

In addition to VPPA claims, Kauffman alleges 800 Pound violated a California civil code that prohibits a anyone providing video recording services from disclosing customers’ sales and rental information without their consent. He requests statutory and punitive damages, an order enjoining 800 Pound from its “deceptive acts and practices,” attorneys’ fees, and pre- and post-judgment interest.