Examples:

• • Dan watched a documentary on BuzzFeed News but never agreed to have his viewing info shared with anyone else, including Facebook.
  • When Emily watched a Tasty cooking video on BuzzFeed.com while logged into her subscriber account, she expected that choice would stay private.
  • BuzzFeed allegedly told Facebook that Miguel watched specific BuzzFeed Video content as a subscriber, connecting his identity to his views.
  • Thousands of subscribers claim they never gave clear, written consent for BuzzFeed to release details on what videos they watched to third parties.
  • Believing her VPPA rights were violated, Sarah joined the class action against BuzzFeed seeking statutory damages of $2,500 per unlawful disclosure.

FAQs:

• • Does the VPPA apply to online videos or just VHS tapes? Courts have ruled it covers online streaming videos too, not just physical media.
  • Is sharing anonymous viewing data illegal under the VPPA? No, the law only restricts sharing info that identifies specific people’s viewing histories.
  • Can I sue if a video provider shared my PII by mistake? Potentially, as the VPPA imposes liability for negligent disclosures, not just intentional ones.
  • What if I gave consent years ago buried in a privacy policy? The VPPA requires clear, informed written consent to share PII, not just a generic release.
  • Are some video providers exempt from the VPPA? No, the law applies broadly to any “video tape service provider” dealing in audio-visual content.

Details:

• • Peters v. BuzzFeed Inc., was filed by plaintiff Darian Peters in March 2024, in Broward County, Florida Circuit Court.
  • It alleges when logged-in BuzzFeed subscribers across the U.S. watched videos on sites like BuzzFeed.com, HuffPost.com, Tasty.co, their identities and viewing habits were disclosed to Facebook.
  • These unlawful disclosures allegedly occurred between May 16, 2021 and Nov. 10, 2023 while a Facebook tracking pixel was active on BuzzFeed’s sites.
  • The suit claims BuzzFeed lacked subscribers’ legally required clear, prior written consent before sharing their personal viewing info with Facebook.
  • BuzzFeed denies any wrongdoing but agreed to a $9 million class settlement to resolve the claims and avoid further litigation costs and uncertainty.

FAQs:

• • What’s a Facebook tracking pixel? A code that lets websites see what visitors do and share data with Facebook for analytics and ads. Installing it may enable PII sharing under the VPPA.
  • Does BuzzFeed admit guilt in the settlement? No, the settlement isn’t an admission of wrongdoing – it’s an agreement to resolve disputed claims and avoid litigation.
  • How many subscribers were allegedly impacted? The settlement covers approximately 9 million BuzzFeed account holders and newsletter subscribers during the class period.
  • What court is the case in? The class action was filed in Broward County Circuit Court in Florida but BuzzFeed account holders nationwide may be class members.
  • Why did plaintiffs sue under the VPPA? The federal Video Privacy Protection Act provides clear privacy rights for consumers’ video viewing records and enables lawsuits.

Details:

• • The court certified the case as a class action, meaning one plaintiff represents a “class” of similarly situated subscribers impacted by the alleged privacy violations.
  • You likely qualify as a settlement class member if you had a BuzzFeed account or got their email newsletters AND watched videos on the listed sites during the relevant timeframe.
  • The time period when the Facebook tracking pixel was active on BuzzFeed’s sites capturing alleged PII and viewing data spanned May 16, 2021 to Nov. 10, 2023.
  • Only U.S. based subscribers are part of this case – international account holders aren’t included in the settlement class definition.
  • Some parties are excluded like the judge, BuzzFeed’s officers and lawyers, and those who properly opt out, but most viewers are automatically considered class members for now.

FAQs:

• • What if I’m not sure I qualify? If you had a BuzzFeed account or subscription and watched their videos in the past few years, you likely qualify. When in doubt, stay in the class for now.
  • Anything specific I must to do to to join the class? No, if you meet the class definition, you’re automatically considered a settlement class member unless you exclude yourself.
  • What if I watched BuzzFeed videos without an account? The class only covers logged-in subscribers whose PII was allegedly shared, not all anonymous viewers.
  • I’m a class member – what are my options? You can (1) file a claim for settlement benefits, (2) do nothing and remain bound by the settlement, (3) exclude yourself, or (4) object to the deal’s terms.
  • How do I confirm if I’m part of the settlement? Contact the settlement administrator at 1-877-438-1665 or [email protected] to verify if you’re on the class list.

Details:

• • The $9 million settlement will provide several benefits if the court approves it: (1) Cash payments to class members who submit valid claims, estimated at $8 per person but subject to adjustment based on total claims, (2) Free one-year subscriptions to BuzzFeed’s premium service, BuzzFeed+, (3) Fees and expenses for the attorneys representing the class, (4) Costs to administer the claims process and notify class members, (5) A service award for the lead plaintiff who filed the case on behalf of the class.
  • The exact amount each person receives may be slightly higher or lower than $8, depending on how many total claims are approved.
  • Class members can also claim a free one-year subscription to BuzzFeed+, the site’s premium offering, valued at $35.88 per year, in addition to any cash payment.
  • Class counsel will request up to one-third of the fund, or $3 million, to cover their litigation fees and expenses, subject to court approval. They took on the case on a fully contingent basis.
  • The named plaintiff will seek court approval for a $5,000 service award to recognize her time and effort acting as class representative to secure the settlement benefits for all.

FAQs:

• • How much will class members actually receive? Each class member who files a valid claim should receive about $8 cash, but that amount may adjust up or down based on the total claims filed.
  • What’s the total value of the settlement? BuzzFeed will pay $9 million total into a non-reversionary fund, meaning that’s the minimum it will pay even if fewer people make claims.
  • How will claimants get their free subscription? After the settlement is final, BuzzFeed will email a code for the free one-year premium subscription to those who filed valid claims.
  • Can I claim a cash payment if I don’t want the subscription? Yes, class members can choose to receive just the cash, the subscription, or both – you’ll have options on the claim form.
  • Why does the class representative get $5,000? Service awards compensate lead plaintiffs for their extra effort litigating on behalf of the whole class, as long as the court finds it fair.

Details:

• • Class members can easily file claims online at the official settlement website, or by mailing a completed claim form.
  • The claim form asks for your name, contact info, and payment method selection, along with a signature affirming under penalty of perjury that you qualify.
  • You’ll also need to provide an email or phone number associated with your active BuzzFeed account during the class period to allow the administrator to verify your eligibility.
  • By filing a claim, you agree to release BuzzFeed from liability for the alleged VPPA violations and all other claims that were or could have been asserted in the case based on the same facts alleged.

FAQs:

• • How do I file a claim? The easiest way is to submit an online claim form on the official settlement website, or you can print the form, complete it, and mail it in.
  • What’s the deadline to file a claim form? November 5, 2024.
  • Do I give up any rights by filing a claim? Yes, by seeking settlement compensation, you agree to release BuzzFeed from the VPPA claims alleged in the lawsuit.
  • What if I previously requested a refund? You can still file a claim now for both the cash and free subscription as long as you qualify and don’t opt out of the settlement.
  • When will I get my payment? The settlement administrator will send out payments by check or electronic transfer (per your selection) only after the settlement gets final court approval.

Details:

• • Class members who want to preserve their right to sue BuzzFeed separately over the alleged VPPA violations must affirmatively exclude themselves, or “opt out”, by the court-set deadline.
  • To opt out, you must mail a written request clearly stating “I wish to be excluded from the BuzzFeed VPPA Settlement Class” and providing your name, address, and signature.
  • If you opt out, you can’t claim any of the settlement benefits – the cash payment or free subscription. You’ll keep your right to file your own lawsuit against BuzzFeed if you want.
  • “Mass” or “class” opt-outs aren’t allowed – each class member who wants to be excluded must send their own timely, compliant opt-out request or they’ll remain bound by the settlement.

FAQs:

• • What happens if I do nothing? Class members who neither file a claim nor exclude themselves will remain in the settlement class and be bound by the release of claims, but get no compensation.
  • Can I object to the settlement instead of opting out? Yes, you have the right to stay in the class but object to the settlement terms – see the next section for how to object properly.
  • Why would I want to opt out? Some may want to preserve their right to sue BuzzFeed separately in an individual suit, or may not agree with the settlement benefits, attorneys’ fees, or other terms.
  • Is the decision to opt out final? Yes, if you exclude yourself by the deadline, that decision is final and you can’t later claim settlement benefits if you have a change of heart.
  • How about if I do nothing AND do not file a claim? If you stay in the class (don’t opt out) but don’t submit a claim, you’ll get no payment but still give up your right to sue BuzzFeed over this.

Details:

• • Class members who do not agree with the settlement terms can formally object by submitting a written objection to the court and mailing copies to class counsel and BuzzFeed’s lawyers.
  • The written settlement objection is required to include your name, address, the particular reasons for your objection, and if you plan to attend the final approval hearing.
  • Objectors have the right to appear and be heard by the court at the final approval hearing, either on their own or via an attorney. Once the court schedules the final approval hearing, the official settlement website will be updated with the exact date and time.
  • If the judge grants final approval of the settlement despite any objections raised, class members who objected will remain bound by the agreement’s provisions and give up their related claims against BuzzFeed, as long as they didn’t also exclude themselves properly by the opt-out deadline.

FAQs:

• • Does objecting require that I have an attorney? No, you may file an objection and appear at the hearing to argue it on your own, but you may hire an attorney to object on your behalf if you want.
  • How does objecting differ from excluding yourself from the settlement?
    Objecting means you stay in the settlement but disagree with some of its terms – opting out means you leave the settlement entirely to preserve your claims.
  • What if I do nothing? If you neither exclude yourself nor object to the settlement, you’ll remain a class member and be subject to the agreement’s provisions upon final court approval, regardless of whether you submit a claim for the cash and subscription benefits.
  • Can I still get settlement benefits if I object? Yes, class members who object but don’t opt out can still file a valid claim for cash payment and free BuzzFeed+ subscription if the settlement is approved.
  • What if the court rejects my objection? If your objections don’t convince the court to reject the settlement, you’ll still be bound by its terms unless you also submitted a valid request to opt out.

Questions: Settlement Basics

• • 1. What federal law is the class action lawsuit based on?
    • A) Americans with Disabilities Act (ADA)
    • B) Video Privacy Protection Act (VPPA)
    • C) Fair Labor Standards Act (FLSA)
    • D) Family and Medical Leave Act (FMLA)
  • 2. What did the lawsuit allege that BuzzFeed improperly disclosed to Facebook?
    • A) Subscribers’ names and email addresses
    • B) Subscribers’ viewing history and personal data
    • C) Subscribers’ GPS location data
    • D) Subscribers’ financial account numbers
  • 3. What technology allegedly enabled the improper data sharing?
    • A) Browser cookies
    • B) Tracking pixels
    • C) IP addresses
    • D) Metadata
  • 4. What is the total amount of the class action settlement fund?
    • A) $500,000
    • B) $3 million
    • C) $9 million
    • D) $20 million
  • 5. What benefits can class members claim under the settlement?
    • A) Cash payments only
    • B) Free BuzzFeed+ subscriptions only
    • C) Cash payments and free subscriptions
    • D) Vouchers for BuzzFeed merchandise

Answers: Settlement Basics

• • 1. B) The class action alleged violations of the federal Video Privacy Protection Act (VPPA).
  • 2. B) The lawsuit claimed BuzzFeed shared subscribers’ personal info and video viewing history/habits with Facebook without consent.
  • 3. B) Facebook tracking pixels integrated on BuzzFeed’s sites allegedly captured and transmitted the contested user data.
  • 4. C) BuzzFeed agreed to pay $9 million total to settle the claims, which will cover class benefits, attorney fees, admin costs, and more.
  • 5. C) Class members can file claims for cash payments (about $8 each) AND free one-year subscriptions to BuzzFeed+ premium content.

Questions: Class Membership & Benefits

• • 1. Who is included in the settlement class?
    • A) All U.S. BuzzFeed website visitors
    • B) Only California BuzzFeed subscribers
    • C) U.S. based BuzzFeed account holders/subscribers who watched videos
    • D) Worldwide BuzzFeed users during 2021-2023
  • 2. What is the key time period for qualifying video views by class members?
    • A) Jan. 1, 2020 to Dec. 31, 2020
    • B) May 16, 2021 to Nov. 10, 2023
    • C) March 29, 2024 to present
    • D) 2021 only
  • 3. How much can each class member claim in cash payments?
    • A) Up to $5 each
    • B) Estimated $8 each
    • C) Flat $20 each
    • D) Varies by subscription tenure
  • 4. What’s the retail value of the complimentary BuzzFeed+ subscription benefit?
    • A) $9.99 per month
    • B) $19.99 per year
    • C) $35.88 per year
    • D) $99 lifetime access
  • 5. How can class members file a claim for settlement benefits?
    • A) File online only at the settlement website
    • B) Mail in paper claims only
    • C) Online at the settlement website or by mail
    • D) Call the class attorney to file a claim

Answers: Class Membership & Benefits

• • 1. C) The settlement class includes U.S. based BuzzFeed account holders and subscribers who watched site videos during the class period.
  • 2. B) Qualifying video views that may be part of this settlement happened between May 16, 2021 and November 10, 2023.
  • 3. B) Eligible class members can file claims for cash payments estimated at $8 each.
  • 4. C) Class members with approved claims will also get free access to a one-year BuzzFeed+ subscription valued at $35.88.
  • 5. C) The most convenient method to submit a claim is electronically through the settlement’s official website, but you can also file a claim by mailing in a completed form.

Questions: Your Options & Next Steps

• • 1. What are your key options as a settlement class member?
    • A) File a claim, object or do nothing
    • B) File a claim, opt out or object
    • C) Do nothing or opt out only
    • D) File a claim or have the court appoint you class rep
  • 2. How will you be affected if you don’t respond after receiving the settlement notice?
    • A) You’ll be opted out automatically
    • B) You can still file a late claim for reduced benefits
    • C) You’ll remain in the class but get no benefits
    • D) The court will set a second chance to opt out
  • 3. How do you preserve your claims and opt out of the settlement?
    • A) File an opt-out claim form by the deadline
    • B) Mail a written opt-out request by the deadline
    • C) Email the settlement administrator to opt out
    • D) Opting out isn’t allowed under the settlement
  • 4. What are your options if the settlement administrator rejects your claim or you’re unsatisfied with the amount you’re awarded?
    • A) If your claim is rejected or you’re unsatisfied with the payment amount, the settlement agreement doesn’t provide a way to appeal or dispute the decision
    • B) You can object to the settlement and get a second review
    • C) You can petition the court to reopen the claims process
    • D) You can appeal to a special claims master for more money
  • 5. When will the judge hold the hearing to rule whether to issue final approval of the settlement as fair, reasonable and adequate?
    
    • A) May 16, 2024
    • B) September 13, 2024
    • C) October 18, 2024
    • D) January 10, 2025

Answers: Your Options & Next Steps

• • 1. B) As a class member, your key options are to file a claim for benefits, opt out to preserve your rights, or object to the settlement terms.
  • 2. C) If you take no action, you’ll stay in the class and give up your rights, but receive no money or free subscription perks from the settlement.
  • 3. B) To opt out and preserve your right to sue BuzzFeed separately on the same claims, mail a written opt-out request by the firm deadline.
  • 4. A) The settlement doesn’t include an appeals process for denied claims – the claims administrator’s decision on your eligibility and benefits is final.
  • 5. C) The court will hold a fairness hearing on October 18, 2024 to determine if the settlement terms should be approved as fair, just and reasonable for the class.

Disclaimer

This article discussing the $9 million BuzzFeed VPPA class action settlement is intended for general informational purposes only.

To get professional counsel on whether you should participate in the settlement or how it impacts your rights, please consult with a qualified attorney in your area. Most consumer protection and class action lawyers offer free consultations to evaluate potential claims.