How Facebook Pixel Tracking Sparked the Lawsuit Against The Athletic

When it comes to online privacy, sometimes it’s the smallest things that cause the biggest problems. 

For subscribers of The Athletic, the culprit may be a tiny line of code hidden in the site’s backend: the Facebook Pixel. 

Though invisible to users, this small snippet allegedly captured video-watching activity and shared it with Meta, potentially exposing personally identifiable information and sparking a wave of legal action.

Here’s what to know about the Facebook Pixel, how it works, and why it can violate federal privacy laws.

What the Meta (Facebook) Pixel Is and How It Works

The Facebook Pixel is a piece of code that websites can embed to collect data about user interactions. It’s widely used by digital marketers to:

• Track page visits
• Measure engagement
• Optimize ads
• Build audiences for targeted advertising

The pixel works by firing whenever a user visits a webpage or interacts with content. When integrated into video pages, it can capture what videos are watched, how long they are viewed, and other details.

This data is then sent back to Facebook, which can associate it with your account if you are logged into the platform or linked through cookies. Even if users aren’t actively on Facebook at the time, the pixel can still track activity and relay it to Meta servers.

How It Allegedly Exposed User Video-Watching History on The Athletic

The lawsuit claims that The Athletic’s implementation of the Facebook Pixel went beyond general analytics. By pairing video titles with identifiers such as Facebook IDs or cookies, the platform allegedly transmitted users’ viewing histories directly to Meta without written consent, as required by the Video Privacy Protection Act (VPPA).

This is significant because the VPPA protects not just what videos you watch but any link between that content and personally identifiable information. Sharing a record of your videos along with a Facebook ID or device identifier qualifies as a potential violation.

Even casual users who clicked on a short game highlight or a feature clip could be included if their data was transmitted via the pixel.

Legal Argument: Why Embedded Tracking Can Violate the VPPA

Most users assume that tracking pixels and similar tools are harmless, but under the VPPA, any disclosure of your viewing history tied to your identity is a violation, regardless of whether the sharing is intended for advertising or analytics.

The legal argument in the lawsuit centers on several key points:

1. Written consent was never obtained. The Athletic allegedly did not provide explicit, informed consent forms specifying that video-watching data would be shared with Facebook.
2. Viewing history counts as sensitive information. Courts have repeatedly confirmed that video titles, timestamps, and viewing patterns are protected under the VPPA.
3. Embedded code is considered a disclosure. Even though pixels are invisible and automatic, sending data to a third party is treated as a legal disclosure.

Together, these points form the basis for statutory damages under the VPPA, which can reach up to $2,500 per violation per user.

How This Technology Is Used Across Thousands of Websites

The Facebook Pixel is not unique to The Athletic. It’s embedded in millions of websites worldwide, from news outlets and streaming services to online retailers. Any site that includes video content and uses the pixel to track engagement could be at risk of a VPPA claim if:

• Video viewing data is captured
• Data is paired with identifying information
• Written consent was not provided
   

This case may set an important precedent, showing that even widely used marketing tools can lead to legal liability if they are used to transmit protected data.

What Regulators and Courts Are Saying About Pixel-Based Data Sharing

As pixel-based tracking becomes more pervasive, regulators and courts are paying attention:

• Federal lawsuits are increasingly targeting sites that share viewing data with Facebook.
• State regulators have issued privacy guidance clarifying that pixels and trackers may constitute sharing of PII.
• Courts applying the VPPA have noted that consent must be specific and informed; general terms of service or cookie notices do not meet this standard.
   

The Athletic lawsuit reflects this growing scrutiny and signals to other digital platforms that transparent privacy practices are required, even for small snippets of code.

Consumer Takeaways: How to Check if You’re Being Tracked

You don’t need to be a tech expert to protect yourself. Here are practical steps to check whether websites are tracking your video activity:

1. Review browser privacy settings

Most modern browsers allow you to block third-party trackers or limit cross-site tracking. Enabling these options reduces the risk of data exposure.

2. Use tracker-blocking extensions

Tools like Privacy Badger, Ghostery, or uBlock Origin can detect and block tracking pixels automatically.

3. Check Facebook’s Off-Facebook Activity

Facebook offers a feature where you can view and manage data collected by pixels. Reviewing this can show which websites are sending information.

4. Clear cookies regularly

Cookies often store identifiers that pixels use to link data to your account. Clearing them helps minimize tracking.

5. File a VPPA claim if eligible

If you watched videos on The Athletic and may have been affected, submitting a claim through the law firm handling the case ensures your rights are protected.

Frequently Asked Questions

What exactly is the Facebook Pixel?

It’s a small piece of code installed on websites that collects data about user activity, including page visits and content engagement, and sends it to Facebook.

How does it capture what videos I watch?

When you play a video on a page with a pixel, the code records that interaction and can transmit video titles, timestamps, and user identifiers to Meta.

Why is it considered a privacy risk?

Because it can pair your video-watching activity with personally identifiable information, like your Facebook ID or device cookies, without your knowledge or consent.

Did The Athletic disclose the use of Facebook Pixel to users?

According to the lawsuit, the company did not provide explicit, written consent forms notifying users that their video-watching data would be shared with Facebook.

How can users detect tracking pixels on websites?

Browser extensions and privacy-focused tools can identify pixels. Features in browsers like Firefox and Safari also show cross-site tracking attempts.

Are other companies facing lawsuits for the same issue?

Yes. Major news outlets, streaming services, and other websites using the Facebook Pixel have faced VPPA claims for transmitting video data paired with identifiers.

Does using ad blockers prevent this data sharing?

Ad blockers and tracker blockers can reduce or stop pixel-based data sharing, but they may not catch all instances. It’s best to combine blockers with privacy settings.

Can I delete data already shared with Facebook?

Facebook allows users to manage and delete off-Facebook activity, which may remove some previously transmitted data. However, this may not retroactively erase all shared information.

How does the VPPA apply to invisible tracking tools?

Even though pixels and scripts are invisible to users, sending viewing history with identifying data counts as a disclosure under the VPPA. Written consent is required.

Will this case change how websites use tracking pixels?

Potentially. A ruling or settlement could force sites to update privacy policies, obtain clear consent, or remove pixels that transmit protected video data, impacting thousands of platforms across the web.

Invisible tracking tools like the Facebook Pixel may seem harmless, but federal law treats the sharing of your viewing history as a serious privacy issue. By exercising your rights under the VPPA, you can protect your personal information and, in many cases, pursue meaningful compensation. To learn more about your legal options, contact Morgan & Morgan for a free case evaluation.