IBM is facing a new lawsuit alleging that its Weather Channel website shared users’ personal data with third-party ad partners without consent, violating the Video Privacy Protection Act (VPPA). The Register reports: In the absence of a comprehensive federal privacy law, the complaint [PDF] claims Big Blue violated America’s Video Privacy Protection Act (VPPA), enacted in 1988 in response to the disclosure of Supreme Court nominee Robert Bork’s videotape rental records. IBM was sued in 2019 (PDF) by then Los Angeles City Attorney Mike Feuer over similar allegations: That its Weather Channel mobile app collected and shared location data without disclosure. The IT titan settled that claim in 2020. A separate civil action against IBM’s Weather Channel was filed in 2020 and settled in 2023 (PDF).
This latest legal salvo against alleged Weather Channel-enabled data collection takes issue with the sensitive information made available through the company’s website to third-party ad partners mParticle and AppNexus/Xandr (acquired by Microsoft in 2022). The former provides customer analytics, and the latter is an advertising and marketing platform. The complaint, filed on behalf of California plaintiff Ed Penning, contends that by watching videos on the Weather Channel website, those two marketing firms received Penning’s full name, gender, email address, precise geolocation, the name, and the URLs of videos he watched, without his permission or knowledge.
It explains that the plaintiff’s counsel retained a private research firm last year to analyze browser network traffic during video sessions on the Weather Channel website. The research firm is said to have confirmed that the website provided the third-party ad firms with information that could be used to identify people and the videos that they watched. The VPPA prohibits video providers from sharing “personally identifiable information” about clients without their consent. […] The lawsuit aspires to be certified as a class action. Under the VPPA, a successful claim allows for actual damages (if any) and statutory damages of $2,500 for each violation of the law, as well as attorney’s fees.
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