in Newswire Published on February 27, 2023

AMC Networks Lawsuit: AMC+ Facing Class Action Over Alleged Sharing of Subscriber Info with Facebook [UPDATE]

Last Updated on February 14, 2024

Ickes v. AMC Networks Inc., d/b/a AMC+

Filed: February 22, 2023 ◆§ 3:23-cv-00803

A class action lawsuit alleges AMC Networks unlawfully retains AMC+ subscribers’ viewing histories and secretly transmits their personal data to Meta Platforms (Facebook) without consent.

Defendant(s)

AMC Networks Inc. AMC+

Law(s)

California Unfair Competition Law California Consumers Legal Remedies Act Video Privacy Protection Act of 1988

State(s)

California

February 12, 2024 – $8.3M AMC+ Privacy Lawsuit Settlement: Official Website Is Live

The claims detailed on this page have been resolved as part of an $8.3 million settlement, and the official AMC Networks VPPA settlement website can be found at AMCVPPASettlement.com.

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The AMC+ settlement, which was preliminarily approved by the court on January 10, 2024, covers all United States residents who, anytime from January 18, 2021 to January 10, 2024, were registered users of AMC services—including AMC+, Shudder, Acorn TV, ALLBLK, SundanceNow and HIDIVE—and requested or obtained video content on at least one of the six services. The settlement site states that you are not a “class member” if you have previously engaged counsel to file an arbitration claim against AMC on your behalf.

To submit a claim online, head to this page and enter the notice ID and confirmation code found on the personalized settlement notice you received by mail or email. After entering the ID and confirmation code, hit “Submit” to continue filling out your claim.

Claims must be filed online or by mail by April 9, 2024. A printable claim form can be found here.

Class members who submit a timely, valid claim will receive a pro rata cash payment, meaning all eligible consumers will be paid an equal share of the $8.3 million settlement amount after the deduction of court-approved attorneys’ fees, class representative awards and certain expenses.

According to the website, the amount of each class member’s payment “will depend on the number of valid claims that are filed.” Because the final payment figure cannot be tallied before all claims are filed and verified, it will not be possible to provide an accurate estimate of a class member’s payment amount prior to the claims deadline, the website states.

In addition to monetary relief, the settlement requires AMC to “suspend, remove or modify” its operation of the Meta Pixel and other tracking technologies, such as those developed by Google, X, Snapchat, TikTok and Braze, so that its use of the technologies will not result in the disclosure of “the specific video content requested or obtained by a specific individual” to third parties, with very limited exceptions.

The settlement also calls for AMC to provide a one-week digital subscription to AMC+ to all class members who submit an approved claim.

A final approval hearing is scheduled for May 16, 2024. It is typically after a settlement receives final approval from the court, and any appeals or objections to the deal are resolved, that class members will be distributed benefits. The settlement site estimates that eligible AMC+ class members will receive their payment within 90 days after the settlement has been given final approval and/or any appeals are handled.

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A proposed class action lawsuit alleges AMC Networks unlawfully retains AMC+ subscribers’ viewing histories and secretly transmits their personal data to Meta Platforms (Facebook) without consent.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 31-page AMC Networks class action lawsuit claims the video streaming service has violated the federal Video Privacy Protection Act (VPPA) by “knowingly” sharing subscribers’ personal information with Facebook through AMCplus.com and the AMC+ app, and by storing users’ login information, payment details, and video viewing requests and histories indefinitely.

According to the case, the AMC+ website and app utilize a Meta pixel, a piece of code that can be embedded into the back end of a website in order to allow Facebook to capture visitors’ data and interactions on a given page for advertising purposes.

The complaint argues that by using a Meta tracking pixel, AMC+ has unlawfully shared subscribers’ personal information with Facebook without their knowledge or consent.

AMC+ consumers can subscribe to the streaming service directly or buy access as an add-on to another service, such as Apple TV+ and Amazon Prime, the lawsuit explains. When creating an account, a subscriber must provide personal information that includes their name, billing address, email address and payment information, the suit says.

The case alleges that after a user subscribes and accesses AMC+’s content, the defendant shares with Facebook the name and URL of any content viewed and the consumer’s Facebook ID—a unique identifier linked to each individual Facebook profile. By sharing a user’s Facebook IDs, the defendant thereby provides enough information to link an individual to their video viewing behavior, the complaint contends.

“[T]he [Facebook ID] identifies a consumer more precisely than a name,” the filing states.

The plaintiff, a California resident, has used the streaming service numerous times since subscribing in 2021, the suit relays. Had the woman known that AMC+ shares with Facebook her personal data, video viewing history, and Facebook ID, she would not have subscribed to the service, the case claims.

The lawsuit looks to represent anyone in the United States who subscribed to AMC+, searched for or viewed content on AMCplus.com, and used Facebook during the time the Meta pixel was utilized by AMC+.

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