Watched Videos on The Athletic? You Could Be Owed Under Federal Privacy Law

Millions of sports fans turn to The Athletic every day for in-depth reporting, expert analysis, and exclusive video content. Whether you’re watching game breakdowns, player interviews, or draft-day reactions, you expect your online activity to remain private. 

However, recent allegations suggest that The Athletic may have quietly shared users’ data with Facebook—and without their permission.

If true, this conduct could violate a federal law designed specifically to protect your privacy. And if you watched videos on The Athletic, you could be eligible for a claim.

Here’s what you need to know about this investigation, how the law protects you, and how you may be able to pursue compensation.

What The Athletic Allegedly Did: Sharing Users’ Video History With Facebook

Investigations and claims allege that The Athletic embedded a tracking tool on its website that automatically sent users’ data to Facebook. This data could include:

• What videos you watched
• When you watched them
• Your unique Facebook ID
• Other tracking information that identifies you personally

This exchange allegedly happened behind the scenes, without users being asked for permission and without any clear disclosure.

Why does this matter? Because when a company tells a third party like Facebook exactly what you watched and connects it to your identity, that may violate a powerful federal privacy law.

The VPPA: A Federal Law That Protects Your Viewing History

The Video Privacy Protection Act (VPPA) has a unique origin story. In 1987, when newspapers published Supreme Court nominee Robert Bork’s video rental history, Congress acted swiftly, passing a law that made it illegal for video providers to share customers’ viewing habits without explicit consent.

Today, that law applies not only to video rental stores, but also to modern websites and apps that provide video content.

Under the VPPA, a company is prohibited from:

• Knowingly sharing personally identifiable information
• Connected to someone’s video-watching history
• With any third party
• Without the user’s express written permission
   

The law is intentionally strict because your viewing history can reveal personal details about your interests, habits, and even your private life.

If websites like The Athletic are sharing your video-watching activity with Facebook without proper consent, that could be a VPPA violation.

Why Your Video-Watching History Counts as “Personally Identifiable Information”

Some companies have tried to defend themselves by arguing that sharing a Facebook ID or an anonymous tracking number isn’t “personally identifiable.” But courts across the country, including federal appeals courts, have disagreed.

A Facebook ID, for example, is directly tied to your real identity. With it, Facebook (or any third party that receives the data) can immediately connect:

• Who you are
• What you watched
• How often you watched
• What teams, leagues, or topics you follow
   

When this data is shared without your consent, it does exactly what the VPPA was written to prevent: it exposes your private viewing habits to third-party companies.

What Damages the VPPA Allows 

The VPPA gives consumers the right to seek compensation for every violation, meaning for every person whose data was improperly shared.

You do not have to prove financial harm or identity theft.

You do not need to prove that Facebook used the data in any particular way.

If your data was shared unlawfully, the violation itself is enough to qualify for compensation.

Additional damages may include:

• Injunctive relief (forcing the company to stop the practice)
• Attorneys’ fees
• Other court-ordered remedies

That’s why so many digital privacy lawsuits are filed under the VPPA. It’s one of the few federal laws that give consumers strong, direct financial protections.

Who May Qualify for a Claim Against The Athletic?

You may qualify if any of the following apply to you:

You watched videos on The Athletic’s website

If you viewed video content through your browser (not the mobile app), your data may have been exposed.

You were logged into The Athletic at the time

Because pixels work based on login status, having an active session open is a key eligibility factor.

You are subscribed to The Athletic and have a Facebook account

Subscribers may qualify if they have a Facebook account and watched videos through a standard web browser.

If you fit these scenarios, you may be eligible for a claim.

Your Privacy Has Value. Don’t Leave Compensation on the Table.

You trust the websites you visit to respect your privacy, especially when it comes to the videos you watch and the personal habits those choices reveal. If The Athletic shared your viewing history with Facebook without your permission, that trust may have been violated.

The VPPA exists to protect you. If your data was shared unlawfully, you could qualify for a claim, and it costs nothing to find out if you qualify.

If you watched videos on The Athletic, don’t assume your privacy was respected. Your data has value, and you have rights.

Frequently Asked Questions

What is the Video Privacy Protection Act (VPPA)?

The VPPA is a federal law that prohibits video service providers (websites, apps, and streaming platforms) from sharing users’ video-watching history with third parties without explicit consent. It was passed to protect consumer privacy after Congress recognized how sensitive viewing habits can be.

How does the VPPA apply to websites like The Athletic?

Even though The Athletic is a digital news platform, it provides video content to its subscribers and visitors. Courts have repeatedly held that any website offering video content can be considered a “video service provider” under the VPPA, meaning it must follow the same privacy rules as any traditional video store or streaming service.

Why would sharing my viewing data with Facebook be illegal?

The Athletic could have violated the VPPA if it shared:

• Your video-watching history
• Along with your Facebook ID or other identifying data
• Without your written permission

The law requires clear, informed, opt-in consent, not hidden tracking tools embedded in a webpage.

How do I know if I qualify for compensation?

You may qualify if:

• You watched videos on The Athletic using a web browser
• You were logged into your The Athletic account
• You are subscribed to The Athletic and have a Facebook account

You do not need proof or screenshots. Morgan & Morgan can evaluate your situation based on your answers.

Do I need proof of what videos I watched?

No. The VPPA does not require consumers to produce video-watching records. Eligibility depends on whether The Athletic shared your data, not whether you can document each video.

Does this apply to The New York Times since they own The Athletic?

Yes. The VPPA applies to any entity that knowingly shares video data, regardless of its parent company. Even though The Athletic is owned by The New York Times Company, the claims focus on The Athletic’s website and tracking practices.

Will joining affect my subscription or account?

No. Filing a claim will not impact your subscription status, your access to The Athletic, or your ability to use your account.

Is there a deadline to file?

Yes. Federal privacy claims have strict filing deadlines, and delays could jeopardize your eligibility. The sooner you submit your information, the better your chances.

Does it cost anything to sign up?

No. It is completely free to submit your information to Morgan & Morgan. You will not pay anything unless a recovery is obtained on your behalf. To learn more, contact us today for a free case evaluation.