AMC To Pay $8 Million For Allegedly Sharing Subscribers' Viewing History With Tech Companies

An anonymous reader quotes a report from Ars Technica: On Thursday, AMC notified subscribers of a proposed $8.3 million settlement that provides awards to an estimated 6 million subscribers of its six streaming services: AMC+, Shudder, Acorn TV, ALLBLK, SundanceNow, and HIDIVE. The settlement comes in response to allegations that AMC illegally shared subscribers' viewing history with tech companies like Google, Facebook, and X (aka Twitter) in violation of the Video Privacy Protection Act (VPPA). Passed in 1988, the VPPA prohibits AMC and other video service providers from sharing 'information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider.' It was originally passed to protect individuals' right to private viewing habits, after a journalist published the mostly unrevealing video rental history of a judge, Robert Bork, who had been nominated to the Supreme Court by Ronald Reagan.

The so-called 'Bork Tapes' revealed little -- other than that the judge frequently rented spy thrillers and British costume dramas -- but lawmakers recognized that speech could be chilled by monitoring anyone's viewing habits. While the law was born in the era of Blockbuster Video, subscribers suing AMC wrote in their amended complaint (PDF) that 'the importance of legislation like the VPPA in the modern era of datamining is more pronounced than ever before.' According to subscribers suing, AMC allegedly installed tracking technologies -- including the Meta Pixel, the X Tracking Pixel, and Google Tracking Technology -- on its website, allowing their personally identifying information to be connected with their viewing history.

If it's approved, AMC has agreed to 'suspend, remove, or modify operation of the Meta Pixel and other Third-Party Tracking Technologies so that use of such technologies on AMC Services will not result in AMC's disclosure to the third-party technology companies of the specific video content requested or obtained by a specific individual.' All registered users of AMC services who 'requested or obtained video content on at least one of the six AMC services' between January 18, 2021, and January 10, 2024, are currently eligible to submit claims under the proposed settlement. The deadline to submit is April 9. In addition to distributing the $8.3 million settlement fund among class members, subscribers will also receive a free one-week digital subscription.

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