HARRISBURG - Sports media giant ESPN faces a class action lawsuit in Pennsylvania federal court over its use of Facebook's Meta Pixel on its website.
Nate Swartz filed suit in the Middle District on Sept. 29, alleging violations of the federal Video Privacy Protection Act and the Pennsylvania Wiretapping and Electronic Surveillance Control Act. He says ESPN knowingly intercepted subscribers electronic communications without their consent.
The Meta Pixel allows ESPN to track when website visitors view content or click on an ad, the suit says.
"Importantly, without subscriber consent, Defendant discloses the subscriber's personal viewing information... together as one data point to Facebook," the suit says.
"By using the Meta Pixel to track Subscribers’ activity on its website, Defendant targets advertising and other content on its website. Thus, Defendant profits handsomely from its unauthorized interception and disclosure of Personal Viewing Information to Facebook.
"It does so at the expense of its Subscribers’ privacy and their statutory rights under the VPPA and the Pennsylvania Wiretap Act."
Spector Roseman and Kodroff of Philadelphia is representing Swartz.