Right To Know – May 2026, Vol. 41 | News & Events
Right To Know – May 2026, Vol. 41 | News & Events
https://www.clarkhill.com/news-events/news/right-to-know-may-2026-vol-41/
Publish Date: 2026-05-18 13:53:00
Source Domain: www.clarkhill.com
Cyber, Privacy, and Technology Report
Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed.
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Litigation & Enforcement:
- Court Denies Class Certification In Pixel Tracking Class Action: The United States District Court for the Northern District of California denied class certification in In re Meta Pixel Tax Filing Cases. The plaintiffs claimed that the Meta Pixel installed on various tax filing services’ websites improperly collected their “sensitive financial information” and shared it with Meta. The court found that individual issues proliferated, precluding plaintiffs from meeting the predominance requirement of Federal Rule of Civil Procedure 23. These issues included whether the communications were “confidential,” whether class members consented to the collection, what information was collected, and whether the statute of limitations bars class members’ claims.
- Federal Appeals Court Affirms Dismissal of VPPA Lawsuit Over Facebook Pixel Tracking: The United States Court of Appeals for the Second Circuit affirmed the Sept. 3rd, 2025 dismissal of the lawsuit accusing NBCUniversal Media LLC of violating the Video Privacy Protection Act (“VPPA”) by using the Facebook tracking pixel to send data to Meta Platforms Inc. The panel stated that the data disclosures the plaintiff in the case alleged did not meet the definition of personally identifiable information under the VPPA. The Court stated that their decision was controlled by its 2025 ruling in Solomon v Flipps Media Inc. that dealt with a similar issue. Here, the Court determined that a video URL in combination with a Facebook ID would not allow an “ordinary person” to identify a user’s viewing habits. The new ruling reaffirms the court’s narrow interpretation of potential liability under VPPA.
- Supreme Court Weighs…
