Did Disney+ Violate Subscribers’ Privacy? Attorneys Investigate Suspected Data Sharing

Attorneys working with ClassAction.org are looking into whether Disney violated a federal privacy law by sharing subscribers’ data with Facebook.

More specifically, they have reason to believe that Disney utilizes a tracking tool called the Facebook pixel on DisneyPlus.com to track subscribers’ actions – such as the videos they watch, the buttons they click and the searches they perform – and then discloses this data to Facebook along with subscribers’ personal information.

The attorneys believe it’s possible that Disney has violated the Video Privacy Protection Act by sharing certain data about consumers without their consent – and they’re now gathering Disney+ subscribers to take action.

How Could Disney Be Sharing Subscribers’ Data?

Many website operators gather data about the people who visit their websites by using an invisible tracking tool called the Facebook pixel.

The pixel, which can be embedded on any webpage, can be programmed to record every action a visitor takes, such as the buttons they click, the searches they perform and the content they view.

Moreover, if a Disney+ subscriber, for instance, is logged into their account and streams content on DisneyPlus.com, the pixel could potentially be used to track their personal information – such as their name, email address and phone number – and, if they have a Facebook account, their Facebook ID, which is a unique identifier that can be used to find a person’s Facebook profile.

Importantly, data collected through the Facebook pixel can then be shared with Facebook, who can use it for advertising purposes.

The attorneys working with ClassAction.org suspect that Disney may have engaged in these data-sharing practices and potentially violated the Video Privacy Protection Act, a federal law that prohibits “video tape service providers” from disclosing data that identifies the video materials a consumer has requested or watched without their consent.

They’re now gathering Disney+ subscribers to take action against the company over potential privacy violations by way of mass arbitration.

What Is Mass Arbitration? Is This a Lawsuit?

Mass arbitration is a type of legal proceeding that takes place outside of court and, like a class action lawsuit, essentially allows a group of consumers to band together to take action against a company over an alleged wrongdoing.

The Disney+ subscriber agreement stipulates that users waive their right to file a class action lawsuit against the company and instead agree to resolve any disputes through arbitration, which is a method of alternative dispute resolution through which the parties resolve the matter before a neutral arbitrator instead of in court before a judge or jury. For this reason, the attorneys have decided to address the potential privacy concerns through mass arbitration, an explanation of which can be found on our blog:

…[M]ass arbitration occurs when hundreds or thousands of consumers file individual arbitration claims against the same company over the same issue at the same time. The aim of a mass arbitration proceeding is to grant relief on a large scale (similar to a class action lawsuit) for those who sign up.”

How Much Could I Get if I Sign Up?

Though it’s not guaranteed, those who sign up could potentially be entitled to a claim worth hundreds of dollars. The Video Privacy Protection Act provides that companies who violate the law may be required to pay up to $2,500 to each person harmed.

How Much Does This Cost?

It doesn’t cost anything to sign up, and you will only need to pay the attorneys if they win money on your behalf. Their payment will come as a percentage of the amount you’re awarded.

If they don’t win your claim, you don’t pay.

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