Zumba Fitness LLC violated federal video privacy laws by sharing the personal information and browsing history of tens of thousands of users of its website with Metaplatforms Inc. and Pinterest Inc. without their consent, the proposed class action lawsuit said.
Zumba’s website, which includes fitness videos, tracks users’ activities, collects personal information and provides access to third parties without their knowledge, according to a complaint filed Wednesday in the U.S. District Court for the Southern District of Florida. It is said that the embedded metapixel software disclosed in . .
According to the complaint, the pixel sent Meta the Zumba site users’ names and email addresses, as well as the URLs of the web pages they visited and the types of content they purchased. The website also has a Pinterest tracking code called Pinterest Tag that operates in a similar manner and shares similar data with the company.
Named plaintiffs Katherine Kuppers and Kathleen Summey, residents of Florida and Wisconsin, respectively, both purchased on-demand access to Zumba instructor training course videos on the website, according to the complaint. . They accused the company of violating the federal Video Privacy Protection Act by sharing personal data.
The VPPA makes it illegal for a “videotape service provider” to disclose a consumer’s personally identifiable information or viewing data to a third party without first obtaining consent. According to the complaint, Zumba qualifies as a service provider under the law because it sells and provides access to pre-recorded video material to consumers on its site.
As complaints invoking the Digital Services Act proliferate, courts will examine how the 1980s law’s definitions, such as a provider offering “videocassette tapes or similar audiovisual material,” apply to more modern technology. I’m really worried. In the wake of a growing number of VPPA lawsuits being dismissed, last week’s Second Circuit ruling reinstating a proposed class action against the NBA under the act reverses that trend, strengthens current lawsuits and May encourage litigation.
A proposed class action lawsuit asks a court to prohibit Zumba from further sharing viewing history with third parties. It also seeks punitive damages and attorney’s fees.
Zumba did not respond to requests for comment.
Hedin LLP represents the plaintiffs.
The case is Kueppers et al. v. Zumba Fitness, LLC, SD Florida, No. 0:24-cv-61983, complaint filed on October 23, 2016.
