In a recent proposed class action lawsuit against Chick-fil-A, plaintiffs claim that the company used Facebook’s parent company, Meta, to retarget them for watching video advertisements via Meta’s pixel tracker. Pixel trackers are common practice in the social media advertising spectrum, however, according to this lawsuit, they allege that Chick-fil-A violated the Video Privacy Protection Act (VPPA). The VPPA does not allow personal identifiable information (“PII”) via videos. They allege while common in other types of advertising tracking, the VPPA specifically excludes tracking via video advertisements with the users’ consent.

The lawsuit is Carroll v. Chick-fil-A, Inc., U.S. District Court for the Northern District of California, Case No. 3:23-cv-314.