MEMORANDUM OPINION AND ORDER Plaintiffs Alejandro Aldana (“Mr. Aldana”) and Scott Gallie (“Mr. Gallie,” and together, “Plaintiffs”), individually and on behalf of all others similarly situated, bring this putative class action against GameStop, Inc. (“GameStop” or “Defendant”), under the Video Protection Privacy Act (“VPPA”), 18 U.S.C. section 2710. The Court has jurisdiction of this action pursuant to 28 U.S.C. section 1331. This case is before the Court on GameStop’s motion to dismiss the First Amended Complaint. (Docket entry no. 13 (the “Motion to Dismiss”).) The Court has carefully considered the parties’ submissions in connection with the instant motion. For the following reasons, the Motion to Dismiss is denied. BACKGROUND The following summary is drawn from the First Amended Complaint (docket entry no. 10 (the “First Amended Complaint” or “FAC”)), the well-pleaded factual allegations of which are taken as true for the purposes of this motion practice. GameStop and Its Use of Facebook Advertising GameStop is “the world’s biggest game retailer” and sells video games through its website, gamestop.com. (FAC 2.) Video games have been produced on different kinds of laser discs, including CD-I and CD-ROM, since the early 1980s. (Id.
8-11.) Today, video games are “typically manufactured using 100GB Blu-ray discs, the same audio-visual material used for movies.” (Id. 13.) Facebook is the world’s largest social media site, with 2.9 billion monthly active users. (FAC 14.) Facebook users are allowed only one account and must share “the name they go by in everyday life” — including their first and last name — their birthday, and their gender when creating an account. (Id.) Facebook generates revenue by selling advertising space on its website. (Id. 15.) Specifically, Facebook “sells advertising space by highlighting its ability to target users” by tracking “user activity both on and off its site” and compiling information to build “Core Audiences,” “which advertisers use to apply highly specific filters and parameters for their targeted advertisements.” (Id. 16.) Advertisers can also build “Custom Audiences” to target specific users on Facebook in two ways: (1) by manually uploading contact information for customers or (2) by utilizing Facebook’s “Business Tools,” which collect and transmit the data automatically. (Id. 17.) GameStop uses both methods. First, GameStop uploads customer lists to Facebook that contain subscribers’ email addresses and information about what video games they purchased. (FAC 46.) GameStop “uploads these lists so Facebook can match subscribers to their Facebook profiles.” (Id.) To support this allegation, the First Amended Complaint includes a screenshot of a Facebook webpage that provides instructions to advertisers about how to provide Facebook with “recent offline event information” about the advertisers’ customers, including “customer” and “event details.” (Id. at Fig. 20 (citing Facebook, Upload Offline Event Data, https://perma.cc/3Z4D-YMH5).) Second, GameStop uses one of Facebook’s Business Tools called the “Facebook Tracking Pixel,” a piece of code that advertisers can integrate into their websites. (FAC
