Zumba Class Action Lawsuit: Privacy Violations Alleged Over User Data Sharing

Case Overview: A class action lawsuit has been filed against Zumba Fitness LLC, alleging that the company violated the Video Privacy Protection Act (VPPA) by sharing users' personal information and viewing history with Meta Platforms Inc. (Facebook) and Pinterest Inc. without their consent.

Consumers Affected: Users of Zumba's website who purchased on-demand access to Zumba instructor training course videos.

Court: U.S. District Court for the Southern District of Florida, Fort Lauderdale Division

Zumba Fitness LLC, the company behind the popular dance fitness program, is facing a class action lawsuit alleging it violated a federal video privacy law by sharing users' personal information and viewing history with Meta Platforms Inc. (Facebook) and Pinterest Inc. without obtaining their consent. 

Filed in the U.S. District Court for the Southern District of Florida, the class action lawsuit claims that Zumba embedded tracking software on its website that collected and transmitted this user data to the third-party companies.

The named plaintiffs, Catherine Kueppers and Kathleen Summy, residents of Florida and Wisconsin respectively, purchased on-demand access to Zumba instructor training course videos on the company's website. They allege that Zumba violated the Video Privacy Protection Act (VPPA) by sharing their personal information and viewing data with Meta and Pinterest without their knowledge or permission.

Zumba Violates VPPA, Lawsuit Claims

The VPPA, enacted in 1988, was designed to protect the privacy of individuals' video rental records. However, with the rise of digital media and online streaming services, the law's scope has expanded to include the protection of personal information related to online video viewing.

This law prohibits "video tape service providers" from disclosing consumers' personally identifiable information or viewing data to third parties without obtaining their consent. The plaintiffs argue that Zumba falls under this definition because it sells and provides access to prerecorded video materials to consumers on its website. 

They claim that the company's use of embedded tracking software from Meta and Pinterest constitutes a violation of the VPPA because it allows these companies to collect and track users' personal information and viewing history without their knowledge or consent.

User Data Shared Without Consent

The plaintiffs allege that the Meta Pixel, embedded on Zumba's website, tracked users' activity and collected personal information such as names and email addresses. This information, along with the URLs of webpages visited and the type of content purchased, was then allegedly disclosed to Meta. Similarly, the Pinterest Tag allegedly collected and shared comparable data with Pinterest.

This unauthorized data collection and disclosure, the plaintiffs argue, violates the VPPA and jeopardizes users' privacy. They assert that Zumba failed to adequately inform users about the tracking software and did not obtain their consent to share their information with Meta and Pinterest.

VPPA in the Digital Age

This case against Zumba arises amidst a broader legal discussion about the scope and application of the VPPA in the digital age. Originally focused on physical video rentals, the VPPA now faces the challenge of addressing the privacy implications of online video streaming and digital tracking technologies. Courts have been working to determine how to apply the law's definitions, which were written in the 1980s, to modern technologies and online platforms.

Recent court decisions, such as a Second Circuit ruling that reinstated a proposed class action against the NBA under the VPPA, have signaled a potential shift in how the law is applied. 

Case Details

• Lawsuit: Kueppers et al v. Zumba Fitness, LLC
• Case Number: 0:24-cv-61983
• Court: U.S. District Court for the Southern District of Florida, Fort Lauderdale Division

Plaintiffs' Attorneys

• Elliot O. Jackson and Tyler K. Somes (Hedin LLP)

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