Streaming service Fubo cannot escape a proposed class action alleging it unlawfully shared subscribers' personally identifiable information (PII) with third-party advertisers, an Illinois federal judge ruled Tuesday.

U.S. District Judge Harry D. Leinenweber, in a 12-page order, denied FuboTV Inc.'s motion to dismiss Ne'Tosha Burdette's lawsuit alleging the streaming service violated the Video Privacy Protection Act (VPPA) by sharing without permission subscribers' PII, including viewing history, with advertisers, rejecting Fubo's argument that the complaint doesn't adequately allege it disclosed information that would identify Burdette, in connection with her viewing history.

FuboTV Data Sharing Lawsuit

The judge found that the complaint offers circumstantial evidence that implies that Fubo disclosed customer information in a way that violated the VPPA, including citing the streaming service's privacy policy, which lays out how and what kinds of customer information is collected and how Fubo might share that information, according to the order.

"The policy notes that the information Fubo or its vendors collect includes identifying information such as demographic or profile information, name [and] email address … and that Fubo 'may share' information such as 'certain browsing history or app usage' and 'identification and demographics' as well as 'device information['] ... to 'advertising networks and advertisers and other third parties,'" the order states.

Burdette initially sued Fubo in Cook County Circuit Court in August before the case was removed to federal court in September, according to court records. The complaint alleges that Fubo violated the VPPA, which prohibits a "video tape service provider" from knowingly disclosing its consumers' video history.

Despite not obtaining its subscribers' consent, Fubo discloses to various third parties their PII, including their login credentials, contact information, biographic information, and programming they searched for, recorded and watched, the suit states.

Burdette's suit seeks injunctive and equitable relief, damages, litigation costs and attorney fees, among other relief.

Fubo moved to toss the suit in November, arguing that Burdette's complaint doesn't adequately allege the streaming service unlawfully disclosed her PII to third parties, that the complaint fails to allege that Fubo is a "video tape service provider" and that the suit is barred by the "ordinary course of business" exception to the VPPA.

But in his order Wednesday, Judge Leinenweber found that Burdette has plausibly alleged Fubo is a "video tape service provider," noting that at this stage of the case, inferences about whether she watched live or prerecorded materials are drawn in her favor.