How The Athletic May Have Violated Federal Video Privacy Laws and What You Can Do About It

Millions of sports fans turned to The Athletic for in-depth reporting, game analysis, and exclusive video content. 

But lawsuits now allege that the platform was quietly collecting subscribers’ video-watching activity and sharing it with Facebook, without the written consent required by federal law.

For many people, this is the first time they’ve discovered that simply watching a short highlight or post-game interview could trigger hidden tracking tools sending their viewing history to third-party companies. The case has sparked outrage and confusion, and it’s raised one critical question:

Did The Athletic break federal privacy law? And if so, what can consumers do next?

How Websites Track and Share Viewing Behavior

When you click “play” on a video, you might assume the experience is limited to you and your device. In reality, most websites run a network of background trackers, including cookies, pixels, and analytics scripts, that monitor how users interact with content.

These trackers can capture:

• The exact videos you watched
• How long you watched
• Your login or subscription status
• Device or browser identifiers
• Your Facebook ID if you’re logged in on the same device
• Time stamps, click behavior, and navigation patterns

Once collected, this information can be automatically transmitted to outside companies like Meta (Facebook’s parent company). The purpose is often advertising, analytics, or audience measurement, but when video titles and personally identifying markers are transmitted together, the practice may violate federal privacy law.

That’s the core allegation in the case against The Athletic.

Explanation of the VPPA and Its Origins (Post-Bork Incident)

The Video Privacy Protection Act (VPPA) is one of the strongest privacy laws in the United States, and it exists because of a major scandal.

In 1987, during Supreme Court nominee Robert Bork’s contentious confirmation hearings, a newspaper published his video rental history from a local video store. Public backlash was immediate and intense. Americans were shocked that such personal information could be exposed without permission.

Congress responded by passing the VPPA in 1988, creating strict protections around anyone’s video-viewing history.

Under the law, companies cannot share a person’s viewing history paired with identifying information unless that person gives clear, written consent.

Even though the law was created before streaming existed, its protections apply equally to:

• Websites
• Mobile apps
• News organizations
• Streaming platforms
• Video clips, highlights, and short-form content

The purpose has never changed: your viewing history is private, and companies must treat it as such.

Why Consent Must Be Written and Explicit

A major issue in VPPA cases, and central to the allegations against The Athletic, is the consent requirement.

The law demands:

• Written consent
• Informed and unambiguous agreement
• Specific authorization to share video-viewing data
• Separate consent, not buried in a general privacy policy

Standard website behavior, such as “By continuing to browse, you accept cookies,”does not meet this threshold.

The lawsuit alleges that The Athletic did not obtain this level of consent before transmitting users’ viewing histories to Facebook. If true, each transmission could count as a violation worth up to $2,500 per person.

How the Law Treats “Viewing History” as Protected Data

The VPPA doesn’t just protect what movies you rented. It protects any record of audiovisual materials you’ve watched, including:

• Game highlights
• Press conferences
• Feature stories
• Behind-the-scenes team videos
• Short clips
• Embedded videos within articles
• Bonus subscriber-only footage

All of this content counts as “video materials” under the VPPA. If a platform logs the video title and links it to you, through cookies, email, Facebook ID, or any other identifier, that information becomes protected data.

The VPPA is one of the rare federal laws that gives consumers automatic statutory damages, meaning you don’t have to show financial loss. The violation itself triggers liability.

Steps Consumers Can Take: Checking Accounts, Filing Claims, Protecting Privacy

If you read, subscribe to, or watch videos on The Athletic, it’s smart to take steps to protect your rights and your privacy.

1. Review Your Subscription and Account Settings

Check for:

• Tracking permissions
• Linked third-party accounts
• Auto-enabled analytics or ad settings

Many users never examine these options.

2. File a VPPA Claim

Law firms handling the case can determine whether your data qualifies under the VPPA. Filing is free and can help you pursue compensation.

3. Strengthen Your Privacy Settings

To reduce ongoing tracking:

• Clear cookies regularly
• Use browser tracker-blocking extensions
• Limit Facebook’s off-site tracking
• Log out of Facebook when browsing news sites
• Avoid using the same email for login across platforms

Even small steps can limit how much data websites gather about your viewing behavior.

4. Request Your Data

Under many privacy laws, you can request:

• What information a company collected
• Whether it was shared
• Whether it can be deleted

This empowers you to stay informed and monitor how platforms use your information.

Broader Implications for All Streaming and News Platforms

The allegations against The Athletic are not an isolated incident—they’re part of a massive wave of VPPA lawsuits affecting:

• Streaming services
• Major news organizations
• Sports media platforms
• Digital publishers
• Mobile apps
• Podcast platforms that include video
   

Dozens of companies have already faced VPPA claims for transmitting viewing data to Facebook, Google, and analytics firms.

These cases send a clear message: consumers expect privacy, and the law requires transparency.

If The Athletic case succeeds, it may force the entire industry to:

• Remove invasive tracking pixels
• Update consent mechanisms
• Disclose data-sharing practices
• Strengthen privacy protections for subscribers

It could reshape how digital media companies handle user information for years to come.

What information did The Athletic allegedly share?

The lawsuit claims The Athletic sent users’ viewing histories to Facebook, along with identifiers like Facebook IDs or cookies that could match the videos to specific subscribers.

Is the VPPA still relevant for online video platforms today?

Yes. Courts have consistently applied the VPPA to digital platforms, websites, and apps. The law protects modern streaming just as strongly as the old video-rental model.

How do companies track viewing history?

They use tools like:

• Facebook Pixel
• Cookies
• Embedded analytics scripts
• Device tracking technologies
• Third-party advertising tools

These trackers record which videos you watch and link that data to your identity.

Why is Facebook involved in so many VPPA lawsuits?

Because Facebook Pixel is widely installed across news and streaming sites. The pixel often collects viewing information paired with identifying data, creating VPPA issues for companies that don’t control exactly what it transmits.

Can I sue The Athletic directly or only through arbitration?

Most users are required to resolve claims through individual arbitration due to the platform’s terms of service. Law firms help handle this process for you.

What other companies have been accused of similar conduct?

Recent VPPA cases have targeted:

• CNN
• ESPN
• Paramount
• The Washington Post
• Major newspapers
• Streaming platforms
• Sports media apps

The issue is widespread across the industry.

Is this about targeted ads or data sales?

It’s primarily about targeted advertising. The data allegedly sent to Facebook helps the platform refine ad profiles, build audiences, and track user interests.

Does the law cover sports highlights and short clips?

Yes. Any prerecorded audiovisual content, regardless of length, can qualify as “video materials” under the VPPA.

How can I verify if my information was shared?

You can:

• File a claim
• Submit a data request to The Athletic
• Review your Facebook “Off-Facebook Activity” settings
• Examine browser tracking logs

Law firms can help determine whether you likely qualify.

What happens after I submit a claim?

The law firm will:

1. Review your eligibility
2. Confirm whether you meet VPPA criteria
3. Guide you through the arbitration process
4. Pursue statutory damages on your behalf
    

There is no upfront cost for filing. To learn more about your legal options, contact Morgan & Morgan today for a free case evaluation.